THE BRAND BRIGADE Terms of Service
By checking the box next to this Terms of Service, and clicking the “Continue to payment” button, you, the purchaser of the “How to Build a RockstarBrand Course” outlined below (hereinafter “you” or “Client”) agree and willingly purchase entry into this program to be provided with services rendered by The Brand Brigade Pty Ltd (hereinafter “The Brand Brigade”), and you agree you are voluntarily entering into a legally binding Agreement with The Brand Brigade, inclusive of the following terms and conditions mutually agreed upon:
For good and valuable consideration of one thousand nine hundred, ninety U.S. Dollars ($1990),or less, Client is electing to purchase the digital program entitled “How to Build a RockstarBrand Course” (hereinafter “RockstarBrand Course” or “Program”). In exchange, The Brand Brigade agrees to provide the services outlined in the Program Details below, and Program Outline Addendum attached hereto.
PROGRAM OUTLINE
Client agrees and understands that he/she is purchasing the How to Build a RockstarBrand Course by The Brand Brigade, a 12 module digital program (currently featuring 10 “core” modules, and 2 “housekeeping” modules in terms of a “Welcome” and “Next Steps” module) designed to walk you step by step through creating a successful positioning for your brand. Created by brand building experts Emma Scott and Jodie de Vries, RockstarBrand Course is one of the most comprehensive do-it-yourself brand strategy courses. Whether you’re a pro or just starting out, RockstarBrand Course will cover the primary strategies The Brand Brigade use to successfully position brands.
Client acknowledges that he/she has read the Program Outline Addendum and conducted any additional research necessary to feel he/she understands what is being provided in RockstarBrand Course as well as what is not included. Client agrees to be bound by the terms and conditions outlined herein, as well as the general policies and procedures that can be found on The Brand Brigade’s website.
If at any time Client is found to be disruptive, making disparaging or defamatory comments about Program, The Brand Brigade, or Jodie and Emma, or otherwise negatively impacting Program for others and hindering or distracting other Clients from their own success, The Brand Brigade reserves the right to remove Client from Program, without refund. Client understands this, and knows this is a risk if he/she elects to act in such an inappropriate manner. Client agrees this is a suitable remedy and action should he/she act in any of the ways outlined above.
NON-DISCLOSURE
Client understands that one of the primary elements in purchasing RockstarBrand Course and learning from The Brand Brigade is the benefit of obtaining expert guidance, teachings, materials, and exercises The Brand Brigade has used to grow its own business and other businesses in the course of Jodie and Emma’s careers. Following Client’s participation in this Program, Client will have gained access to various trade secrets and personal intellectual property of The Brand Brigade, including but not limited to materials such as verbal advice, mindset guidance, written templates, modules, technical information, business advice, and/or other information that may have become available for use through Client’s participation in RockstarBrand Course. Client understands and acknowledges that this information is not to be openly shared with others who have not participated in RockstarBrand Course, without permission from The Brand Brigade or Jodie and Emma personally.
Client agrees not to share, copy, or distribute any documents or other proprietary information obtained through RockstarBrand Course, and agrees that he or she will be in violation of these Terms of Service 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 as a product or service being offered for sale, without express written permission of The Brand Brigade. Client also understands and agrees he/she will not disclose or use any information provided to Client as part of her membership in RockstarBrand Course, other than for personal use in her own business without prior written permission from The Brand Brigade.
TESTIMONIALS
Client understands and agrees that any and all commentary provided by Client on public social media profiles including those belonging to The Brand Brigade, Jodie and Emma, may be published and used as testimonials by The Brand Brigade. Client gives The Brand Brigade a non-exclusive license to use any such copy written by Client on The Brand Brigade’s social media profile, in email, or otherwise, and repost on The Brand Brigade social media channels, in advertisements for RockstarBrand Course, or other similar channels for the specific purpose of promoting and showcasing RockstarBrand Course client results.
If Client chooses to write about positive experiences in RockstarBrand Course, Client understands the material, along with Client’s name and other identifying information, will likely be published on The Brand Brigade’s website, social media, or otherwise. No payment or additional services will be provided in return for any such testimonial, and Client understands he or she is granting The Brand Brigade an unlimited, irrevocable license in perpetuity to use, publish, distribute, or repurpose any such written testimonial.
PAYMENT AND PAYMENT PLAN
Client understands the cost of the Program is payable in full, or via a payment plan option, which Client will select at the time of purchase:
A one-time payment of one thousand nine hundred ninety U.S. dollars ($1990) payable up front, in full; or
Three (3) payments of seven hundred fifty U.S. dollars ($750) payable over three (3) months, totalling $2,250 if this payment plan option is selected;
Client agrees to render payment via credit card on The Brand Brigade’s sales and checkout page for RockstarBrand Course. Client understands he/she is responsible for the full payment and agrees to pay the sum requested electronically, via The Brand Brigade’s website or a designated third-party payment processor of The Brand Brigade’s choosing, in full.
If Client elects to purchase RockstarBrand Course via the offered payment plan, Client agrees to abide by the rules and payments as explained on The Brand Brigade’s sales page and within this Agreement. Client understands and agrees that following the first payment, subsequent payments will be automatically deducted each month, utilizing the same mode of payment that was used to make the initial payment, until the payment plan has been completed. Should Client fail to make timely payments, or if additional payments are not able to be processed, Client understands: (1) the reminder of the Program may be forfeited if payment is not made within six days of the date it is due, and (2) Client will owe a $200 late fee if he/she has not made the appropriate payment after the six day grace period. Client’s decision to cease use of RockstarBrand Course for any reason does not eliminate Client’s responsibility to complete the payment plan as agreed upon. Payment in full is required regardless of use, happiness with product, or results.
The Brand Brigade reserves the right to cancel Client’s access to RockstarBrand Course should he/she fail to make additional payments in accordance with the payment plan as agreed upon. Should this occur, Client understands she is not entitled to a refund of funds already issues to The Brand Brigade in exchange for work completed thus far, and it is up to the sole discretion of The Brand Brigade whether Client is to have continued access to any materials made available to Client during the Program up until payments were missed.
REFUND POLICY
The Brand Brigade wholly believes in its product. It believes the methods work, but only if the Client is dedicated to the process. Nevertheless, The Brand Brigade offers a conditional 14-day refund under the following circumstances:
In the event Client desires a refund, Client must contact the support team at hello@thebrandbrigade.com within the first fourteen (14) days from the date RockstarBrand Course was purchased. Within this 14 day window, a representative from The Brand Brigade will schedule a call with Client to discuss the basis for the request, and provide Client with a refund request form to complete, that will allow client to submit any necessary evidence of coursework completed. Client MUST speak to a The Brand Brigade customer service rep to be able to receive a refund. Once a call has been offered, Client must accept and complete the call within 14 days of the date it is offered. Any and all requests for refunds will be decided by the The Brand Brigade team and within The Brand Brigade’s sole and exclusive discretion. If a refund is granted, Client can expect reimbursement thirty (30) days after cancellation of Program in the same manner in which payment was made, less a $250 cancellation fee. If a refund is not granted, Client understands he/she remains financially responsible for payment in full of Program, and as long Client has received the full RockstarBrand Course course, Client has no further recourse regarding refunds.
Client understands he/she will forfeit any and all access to Program and benefits if a refund is issued, including but not limited to Facebook group access (if applicable), group calls (if applicable), RockstarBrand Course modules, and all other information included within Program.
Due to the subjective nature of the Program provided by The Brand Brigade, and The Brand Brigade’s inability to control Client’s availability, motivation, external forces, financial situation, or level of engagement in Program, The Brand Brigade is not able to offer refunds after these 14 days. Please conduct any and all necessary research to determine if RockstarBrand Course is right for you prior to purchasing – after the 14 day period, all purchases are final, and Client is responsible for the full payment of all program fees, whether or not Client completes Program. If Client purchased Program with a payment plan, all payments must be made.
VOLUNTARY PARTICIPATION
Client understands and agrees that he/she is voluntarily choosing to enroll in RockstarBrand Course and is solely responsible for any outcomes or results. The Brand Brigade is not responsible nor liable to Client should Client sustain any injuries, incur harm, or encounter any negative ramifications. Client agrees that he/she is fully responsible for his/her health well-being, and business decisions, including participation in RockstarBrand Course and any results therein, and agrees that any decisions to implement strategies, tactics, and information contained within RockstarBrand Course is solely the responsibility and decision of Client.
CLIENT BEHAVIOR: While Client is allowed to express his/her opinion regarding RockstarBrand Course and The Brand Brigade, should Client make any false or disparaging comments within the RockstarBrand Course Facebook group, to other members of RockstarBrand Course, or otherwise publicly speak negatively about The Brand Brigade, Jodie and Emma, or any other member of The Brand Brigade, or RockstarBrand Course, Client may be removed from the RockstarBrand Course community. The Brand Brigade places community and positivity at the forefront of their brand, and in order to preserve community standards and experience for other members, a customer who cannot abide by this may lose his/her access to the community. Client understands that any extensive negativity or similar disruption to the community in this way may result in removal from the Program and all relevant communities, with NO REFUND.
DISCLAIMER
Specific results are not guaranteed. The Brand Brigade cannot guarantee results of RockstarBrand Course, and cannot make any representations or guarantees regarding individual results. Client will hold The Brand Brigade and RockstarBrand Course harmless if he or she does not experience the desired results.
EARNINGS DISCLAIMER: The Brand Brigade also does not make any guarantees or assurances regarding a particular financial outcome based on use of Program, nor is The Brand Brigade responsible for Client earnings, or any increase or decrease in finances based upon information within RockstarBrand Course. Any information or testimonials regarding past or current clients’ working with The Brand Brigade contained on Website or in sales material that contain financial information are individual, and results may vary. The Brand Brigade is not able to learn and assess all clients’ businesses, personal sales models, and strategies outside RockstarBrand Course and as such, have no way of ensuring that RockstarBrand Course will work or be applicable to all individuals or businesses. It is your job as the consumer to assess whether RockstarBrand Course will be right or beneficial for you, and is in no way the responsibility of The Brand Brigade, Jodie and Emma, or anyone else associated with The Brand Brigade.
Client understands that all services provided by The Brand Brigade in connection with the Program 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 Program and work with The Brand Brigade on a purely voluntary basis and does not hold The Brand Brigade or Program responsible should Client become dissatisfied with any portion of the Program.
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 program, as long as The Brand Brigade delivers the Program as described in Paragraph 1 above, or similar substitutes, upon additional agreement by The Brand Brigade and Client.
Client agrees to hold The Brand Brigade harmless should any physical, emotional, or financial injury occur as a direct or indirect result of use of RockstarBrand Course. The content provided by The Brand Brigade on his/her website and within RockstarBrand Course is comprised of information that has worked for The Brand Brigade and other clients, and may or may not be useful to Client in his/her personal business or life. Client understands The Brand Brigade cannot guarantee results from this Program, and has no expectation of a specific result that he or she holds The Brand Brigade responsible for.
INTELLECTUAL PROPERTY: Client agrees and understands that The Brand Brigade has created numerous original, creative works in connection with the Program, and agrees that The Brand Brigade maintains all copyrights, licenses, and other intellectual property rights in all original or derivative content associated with or included in the Program, whether created prior to working with Client or specifically for Client, including but not limited to: videos, modules, documents, charts, emails, graphs, products, systems, processes, handouts, worksheets, copy for website or sales pages, and any other original work created by The Brand Brigade. Client agrees she may be granted a limited right to use selected materials in the course of his or her own business, but understands that the original proprietary rights remain with The Brand Brigade. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from The Brand Brigade to Client, nor grant any license to use the information, other than that which is expressly provided throughout the course of the Program.
Client agrees and understands he/she is not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by The Brand Brigade or obtained through working with The Brand Brigade, without The Brand Brigade’s express written consent. If such behavior is discovered or suspected, The Brand Brigade reserves the right to immediately end Client’s participation in the Program without refund, as well as access to any program or materials Client may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.
LICENSEE RIGHTS: The Brand Brigade’s Limited License to Client: Client understands that in purchasing the Program, she/he is gaining access to view all content and information available as part of the Program, as well as any additional information or content shared with him/her by The Brand Brigade as she sees fit. Client understands this means he/she will have been granted a limited, revocable, non-transferable license to read and use the information provided for use in his/her business and life, as instructed or allowed by The Brand Brigade. As a “Licensee,” Client understands and agrees that Client will not:
Copy, edit, distribute, duplicate or steal any information or any Content obtained through Program without written permission by The Brand Brigade;
Post, distribute, copy, steal or otherwise use any portion of the Program or its content, or information obtained via other members in the group Program without written permission by The Brand Brigade, and understand that any such use may constitute infringement, which may give rise to a cause of action against Client.
Claim any content created by The Brand Brigade as part of the Program or otherwise given to Client is his/her own, meaning he/she cannot claim any content created by The Brand Brigade was Client’s work, and use in his/her business as his/her own.
Share purchased materials, information, content with others who have not purchased them.
Client further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitute infringement and/or theft of our work, and a violation of this Agreement.
INDEMNIFICATION: Client agrees at all times to defend, fully indemnify and hold The Brand Brigade and any affiliates, agents, team members or other party associated with The Brand Brigade harmless from any causes of action, injury, illness, misunderstanding, damages, losses, costs, expenses incurred as a result of Client’s use of Program, 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 Program. Should The Brand Brigade be required to defend herself in any action directly or indirectly involving Client, or an action where we decide Client’s participation or assistance would benefit The Brand Brigade’s defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by The Brand Brigade, free of charge.
DISPUTE RESOLUTION: Should a dispute arise between The Brand Brigade 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 or she does not hold The Brand Brigade responsible for any specific results, or those results which have been achieved by other clients of The Brand Brigade.)
In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
JURISDICTION: Your use of our Site and these Terms are governed by the laws of New South Wales. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.
AMENDMENTS: This Agreement may be amended and/or updated by The Brand Brigade from time to time as needed, to reflect the growth and updates to Program and services offered. Should any material changes be made, The Brand Brigade will notify all current Program users via the email address used to sign up, with continued use of Program to constitute acceptance and agreement to the updated Terms.
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PROGRAM OUTLINE ADDENDUM
Client understands, acknowledges, and agrees he/she is purchasing the How to Build a RockstarBrand Course (RockstarBrand Course) by The Brand Brigade. Once the Program is purchased and all Agreements are agreed to, Client will begin receiving the core content modules, each module must be completed to unlock access to the next module. After which, Client is to have continued access, and may review or complete at his/her own pace.
As outlined on the sales page, RockstarBrand Course includes the following 10 core modules:
DESIGN YOUR DREAM LIFE, NOW: Delve into your wants, needs and desires to help design the future of your dreams. Time to get specific - what does life look like 1 year from now? Designing your daily rituals and ideal week so EVERY day takes you to your goals.
THE ROCKSTARBRAND METHOD: Let’s explore the concept before you begin to build your own RockstarBrand. An overview of the RockstarBrand Method – in preparation for defining the strategic foundations of your own RockstarBrand.
BEING PURPOSE LED: Understanding the power of being purpose led in creating strong engagement with your audience. Defining your own purpose, your big why – the soul of your business.
BECOMING CUSTOMER OBSESSED: Explore what customer-obsessed looks like and why becoming customer obsessed is a smart way to operate your brand. Defining your primary customer and using research to create a deep understanding including their underlying problem to solve.
BEING MEANINGFULLY DIFFERENT: The importance of differentiation in growth, sustainability and longevity. Identifying your most compelling unique attributes that combine to create meaningful differentiation to your audience.
CREATED WITH MASTERY: Exploring the concept of mastery and understanding its role in building trust and respect. Identifying your brand’s credibility proof points and creating a framework for communication.
YOUR SIGNATURE PROCESS: Explore what a signature process is, and how you can use it to create differentiation in your business. How to create and present your own signature process, plus when and how you can use it.
DEFINING YOUR BRAND VALUES: Values are a critical part of your brand. Let’s explore exactly what they are, what they are used for and what they help you achieve. The tools and process to create your own set of ready to implement values.
DEFINING YOUR BRAND PERSONALITY: The role of a defined personality in humanising your brand and creating engagement – and defining yours.
CRAFTING YOUR BRAND STORY: The power of storytelling to transform hearts and minds, and create a deeper connection with your audience. Learn the structure of a good story, and how to use it to tell the journey of your brand – as you create your own brand story.
YOUR CUSTOMER’S JOURNEY: What a customer journey map is, and creating one as a foundational marketing and content strategy reference for your brand.
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MODULES: The Brand Brigade will make available ten (10) core modules, released to Client as each prior module is completed. Client may go at his or her own pace, and work through the modules as he or she sees fit. These Modules are intended to release proprietary information created by The Brand Brigade for personal benefit of Client. Client agrees and understands that he/she is not to share, copy, distribute, or otherwise use (other than that which is expressly allowed) the information provided to her as a result of her participation in RockstarBrand Course.
FACEBOOK GROUP ACCESS: Client may also be granted access to a private group on social media organized by The Brand Brigade as a BONUS to joining RockstarBrand Course. If applicable to Client and Client joins, Client agrees to use common sense when posting or responding to others’ in the group, and agrees to refrain from posting any negative or unnecessary comments. Should Client post anything that is deemed offensive, defamatory, or otherwise negative in such a way that it causes a disruption within the group and community, The Brand Brigade reserves the right to remove Client from any such Facebook group and other similar community, in order to preserve the experience for the rest of The Brand Brigade’s clients.
GROUP VIDEO CALLS: For a limited time, RockstarBrand Course will include access to group video calls within the Facebook Group, where members may log in and access a live Q&A call with a member of the The Brand Brigade team, to get any questions answered and gain extra value at no extra charge. This feature is not included within the price of RockstarBrand Course, and is a bonus subject to end at any time, in the sole and exclusive discretion of The Brand Brigade. Client understands that he/she does not have a cause of action or valid request for refund if such calls end during Client’s participation in RockstarBrand Course or before he/she joins RockstarBrand Course.
Client has carefully read this Program Outline Addendum and acknowledges that he/she is aware of what is, and what is not included within this Program. Client is aware that this Program Outline includes EVERYTHING included within the Program, with the exception of exclusive or limited time, time-sensitive bonuses. If Client expected additional information, products, services, or other information to be provided in this Program but does not see it here, Client understands it may not be included, or may be a limited time bonus. The Brand Brigade is under no obligation to provide anything other than what is listed above, with the exception of updated or ever-changing Bonuses offered for limited periods of time.
By completing the online purchase and being charged the amount listed above, Client confirms he or she has reviewed this Program Outline, completed any and all appropriate additional research, and asked any and all necessary questions of The Brand Brigade and his/her team in order to feel appropriately educated of the Program and product/service being offered. Client understands he or she will not be entitled to a refund once completing this purchase for any reason, other than as discussed above.
QUESTIONS
For any questions or notices, please contact us at:
The Brand Brigade Pty Ltd ACN 164 810 879
PO Box 17 Maroubra NSW 2035
Email: hello@thebrandbrigade.com
Heights Platform Terms of Service
1.
Introduction
Thank you for visiting our Site and/or using
Heights, an app designed to allow you to build and manage your own online education program. Please
read these Terms of Service and our Privacy Policy carefully, as you must
agree to them as amended in order to have our permission to use our Site
and Service.
2.
Definitions
Throughout this Agreement, we may use
certain words or phrases, and it is important that you understand the
meaning of them. The list is not all-encompassing and no definition
should be considered binding to the point that it renders this Agreement
nonsensical:
“Agreement” means these Terms of
Service;
“App” refers to our Heights app, which provides a platform for creating and managing online education programs;
“Heights” refers to our company, known
as “Velora Studios, LLC”; our Site; our Service; our App; or a combination
of all or some of the preceding definitions, depending on the context in
which the word is used;
“Service” refers to the services that we
provide through our Site, including our Site itself, our education platform creation services, our App, and any other services we may provide online or
offline;
“Site” refers to our website, www.heightsplatform.com;
“User” refers to users of our App, user who pay for our Service, and general visitors to our Site;
“Program” refers to the account created by a User in which they will use our Service and build their education content.
“Student” refers to a person who signs up to use the Program which the User has created;
“You” refers to you, the person who is
entering into this Agreement with Heights.
3. Corporate
Information
Heights is owned and operated by Velora
Studios, LLC, a Limited Liability Company formed and doing business in the
State of Delaware, and registered with the Delaware Department of State’s
Division of Corporations under File Number 4658163. Any legal
documents to be served or other queries should, unless otherwise provided
or required by this Agreement, our Privacy Policy, or any provision of any
applicable law, be sent via certified mail to:
Attn: Velora Studios, LLC
16192 Coastal Highway
Lewes, Delaware 19958
United States
4. Heights’
Purpose
Heights is an online course creation software platform for creating and managing an online education program. We provide tools that help you to create and organize educational content to teach Students and analyze their progress.
5.
Eligibility
In order to use our Service, you must meet a
number of conditions, including but not limited to:
- You must not be in violation of any
embargoes, export controls, or other laws of the United States or other
countries having jurisdiction over this Agreement, Heights, and
yourself. For example, if the Office of Foreign Assets Control
prohibits conducting financial transactions with nationals, residents,
or banks of your country, you must not use our Service.
- You must be at least 13 years of age
in accordance with the Children’s Online Privacy Protection Act.
If you live in a jurisdiction other than the United States and your
jurisdiction has a higher minimum age to use our Site or Service
without parental consent, then you must be at least that
age.
- You must sign up for only one account
(this includes, but is not limited to, a prohibition on repeatedly
signing up for different accounts to take advantage of more than one
free trial offer). An exception can be made at our discretion if you send us an email explaining your business need for a secondary account.
- You must provide us with personal
information, payment information, and other information that we deem
necessary to provide you with our Service.
- You must be authorized by the holder
of any payment method to use their account for the purposes of signing
up for our Service.
6.
Disclaimer
Heights provides its Service on an as-is
basis and, notwithstanding any other statements or examples given on our
Site or elsewhere, makes no representations as to how Heights can be
best used by any specific User or Student. You agree that you bear the sole
responsibility of determining whether the Heights App is suitable for
your use, and that Heights shall not be liable for any losses which
result from the use of our Service.
7. Rules of
Use
Once you have met our eligibility criteria
described above and paid the appropriate fee to Heights as a User, or signed up under a User's Program as a Student, you will be
provided with access to our Service. Although you have met the
preliminary requirements to use our Service, there are certain additional
rules which apply before, during, and subsequent to your registration with
Heights. You must not:
- Violate the laws of the United States,
its states, or any foreign political entity having jurisdiction over
this Agreement, whether or not the foreign political entity is a
country or a subdivision (such as a state or province) or municipality
(such as a city, town, county, or region) of a foreign
country.
- Use Heights for teaching Students about topics that are illegal, unethical, or dangerous.
- Be fraudulent or negligent when making
payments to us (such as by using someone’s credit card without
authorization, or using a card which you know will have the payment
reversed for any reason).
- Infringe on anyone’s intellectual
property rights, defame anyone, impersonate anyone, or otherwise
violate the rights of a third party.
- Hack, crack, phish, SQL inject, or
otherwise compromise, or attempt to compromise the security or integrity of the Heights Site,
Service, App, or its Users’ computers.
- Scrape data or scan the Site, Service, or App.
- Abuse the Service you are provided by using it in such a way that is not intended by Heights or in a way that could impact Heights or its Users in a negative way.
- Do anything else which, at the
discretion of Heights, could harm the safety or legal interests of
Heights or any third party, including but not limited to other
Users or Students.
Fair Use Policy for Unlimited Uploading and Bandwidth:
Generally, we do not limit or impose additional charges for video or data storage (ex: the data stored in your Program for courses, products, text, files, video, audio, and other multimedia content you create), or bandwidth consumption (ex: the data used in order to deliver your files, site pages, and videos to Students).
This policy is subject to fair use: If your aggregate storage usage or bandwidth usage (across every account you control)
is higher than 99% of Users on our App in any calendar month, we may, in our discretion,
charge fees for excessive usage, require you to upgrade to a different plan, or terminate your account(s) upon advance written notice.
8. Payment, Billing, and
Refunds
All payments are processed by our third
party payment processor, Stripe, and payment may be made to them by Visa,
MasterCard, American Express, JCB, Discover, and Diners Club cards.
All prices on our Site, unless otherwise stated, are listed in United
States dollars.
We may decide to apply varying payment plans
from time to time. For example, we may require that you pay one lump
sum for the purchase of our App, or we may rebill you on a recurring
subscription basis. In either case, payment terms and, if applicable,
rebilling periods shall be posted on our Site and are hereby incorporated
into this Agreement by reference. If two or more listed payment terms
conflict with each other, the one most beneficial to Heights shall take
precedence.
You may cancel your subscription at any
time. Refunds will be provided in full within the first thirty days
of your subscription if for any reason you are not satisfied with our
Service and notify us of your request for a refund within that time.
After thirty days beyond your initial purchase, we will not be obliged to
provide any refund, even on a pro rata basis. You may cancel your
Service at any time after the initial thirty days and you will continue to
have access to our Service until the end of the most recently paid
subscription period, if applicable.
Should payment plans change or increase
after an initial subscription, current Users will either have the option of
staying on their current plan or may be grandfathered into the new
subscription plan at their current subscription plan’s rate for a period of
one year.
Active Student limits on subscription plans for accounts created on or after January 1st, 2023:
An "Active Student" is a Student in a User's Program who is currently able to login, access at least one product, and is not marked by you as "deactivated". Heights does not set a hard limit on the number of active students that are allowed on our paid subscription plans. The following overages are allowed:
- Overage of up to 10% above the plan limit for a single month on plans offering 5000 active students or more.
- Overage of up to 50 students above the limit for a single month on plans with limits of 100 active students.
An overage of 5% or more above the plan limit for 2 consecutive months will be required to upgrade.
Active Student limits on subscription plans for accounts on legacy plans created before January 1st, 2023:
An "Active Student" is a Student in a User's Program who has logged into the Program in the past 30 days. Heights does not set a hard limit on the number of active students that are allowed on our paid subscription plans. The following overages are allowed:
- Overage of up to 15% above the plan limit for a single month on plans offering 1000 active students or more.
- Overage of up to 50 students above the limit for a single month on plans with limits of less than 1000 active students.
An overage of 5% or more above the plan limit for 2 consecutive months will be required to upgrade.
9.
Discounts
Heights may, but is not obligated to,
provide discounts, including but not limited to an initial thirty day free
trial offer for the use of our Service. The discounts provided will
be made according to the information published on our Site, and if any
information is conflicting, the terms most beneficial to Heights shall
take effect. Discounts may not be applied to past
payments.
Heights may refuse to provide such
discounts for any reason including, but not limited to, fraud, unauthorized
accounts (such as multiple accounts being used to take advantage of a
one-time offer repeatedly), mistake on the part of our publication of
information, actual or expected financial hardship, sale of all or part of
our business, or any other reason.
10. Chargebacks, Credit Card
Cancellations, and PayPal Disputes
Where a User provides payment to Heights, and that amount of money is subsequently taken from Heights due
to a chargeback or similar reversal, Heights shall be entitled to
recover that amount from the User as liquidated damages, as well as our
reasonable attorneys’ fees, court costs and disbursements, and/or
collection agency fees required to collect these liquidated
damages.
Please note that this restriction on
chargebacks is designed to prevent fraud and keep our costs low, which
allows us to offer lower prices for our Service. Users may of course
bring disputes against us in accordance with the “Forum of Dispute”
provisions found further below.
As a User of our App, if a Student requests a refund from you, it is your responsibility to handle
this with your Student. Heights does not collect payments from your Students. Heights is not a Merchant of Record platform. Any disputes of
Student payments are between the Student, User, and the third-party payment processor the User
chooses to use. As a User with Students, it is your responsibility to have your own terms,
privacy policy, and refund policy in place and follow all applicable laws. Further, while
Heights provides email support to its Users, Heights does not offer email support to the
Students of its Users.
11. Third Party
Charges
Because Heights may be used with a
mobile device, certain third party SMS charges, data charges, and other
fees may be applied in relation to your use of our Service. You agree
that you are responsible for tracking and paying these charges, and that
Heights shall not be liable to you for such charges.
12. Limited
License
Heights is provided as licensed software
to you. When you provide the proper payment to us or otherwise meet
the requirements to use our App (such as by being eligible for a trial
offer), you are authorized to use one account for our software at the
price given. You may not distribute this software, copy it, reverse
engineer it, or otherwise tamper with it or reproduce it. Heights
reserves the right to revoke our license for our App’s use at any
time.
13. Server Maintenance and
Other Downtime
At time, Heights may have server
downtime or other Service outages for reasons including, but not limited
to, server maintenance, legal compliance, security issues, or other
business operations. You agree that we are not liable for any losses
incurred by you as a result of such downtime, and that you should have a
backup plan in place if you are relying on our Service for any purpose
which could cause a loss to you if our Service became
unavailable.
14. Our
Copyright
Heights expended much effort on
developing its App and ensuring that it is unique from other Apps.
Copying our App or any portion thereof could, in addition to being
prohibited generally by intellectual property law, harm our business.
You agree not to copy, distribute, display, disseminate, or otherwise
reproduce any of the information on the Site, including our App, without
receiving our prior written permission.
15. Your
Copyright
Heights must be assured that it has the
right to use the content that is uploaded using its App. Such content
may include, but is not limited to, arrangements of data by Users in which
a copyright subsides. Whenever submitting content to us through our
App, you agree that you are granting us a non-exclusive, universal,
perpetual, irrevocable, sublicensable, commercial and non-commercial right
to use the content that you submit to us for the purpose of providing you
with our Service. You warrant to us that you have the right to grant
us this right over the content, and that you will indemnify us for any loss
resulting from a breach of this warranty and defend us against claims
regarding the same.
16. Trademarks and Service
Marks
“HEIGHTS”, “Heights Platform”, the Heights Platform logo icon, “Velora,” “Velora Studios,” and the Velora
Studios icon are registered trademarks used by us, Velora Studios, LLC, to
uniquely identify our Site, Service, and business. Additionally, the
service mark “Climb Above” and the service mark “Creator Climb” are an unregistered trademarks protected generally
by the provisions of the Lanham Act, as well as various status prohibiting
unfair competition and the common law tort of passing off. You agree
not to use our marks anywhere without our prior written consent.
Additionally, you agree not to use our trade dress, or copy the look and
feel of our Site, App, or their design, without our prior written
consent. You agree that this paragraph goes beyond the governing law
on intellectual property law, and includes prohibitions on any competition
that violates the provisions of this paragraph, including starting your own
App or other directly or indirectly competing business.
17. Revocation of
Consent
We may revoke our consent for your use of
our intellectual property, or any other permission granted to you under
this Agreement, at any time. You agree that if we so request, you
must take immediate action to remove any usage of our intellectual property
that you may have engaged in, even if it would cause a loss to
you.
18. Copyright & Trademark
Infringement
Users must not post any information that
infringes on anyone’s copyright. We take copyright infringement very
seriously, and we have registered a Copyright Agent with the United States
Copyright Office, which limits our liability under the Digital Millennium
Copyright Act. If you believe that your copyright has been infringed,
please send us a message which contains:
- Your name.
- The name of the party whose copyright
has been infringed, if different from your name.
- The name and description of the work
that is being infringed.
- The location on our website of the
infringing copy.
- A statement that you have a good faith
belief that use of the copyrighted work described above is not
authorized by the copyright owner (or by a third party who is legally
entitled to do so on behalf of the copyright owner) and is not
otherwise permitted by law.
- A statement that you swear, under
penalty of perjury, that the information contained in this notification
is accurate and that you are the copyright owner or have an exclusive
right in law to bring infringement proceedings with respect to its
use.
You must sign this notification and send it
to our Copyright Agent at support@heightsplatform.com. Since we request
notification by e-mail, an electronic signature is acceptable.
Although U.S. law does not provide for a similar procedure for trademark
infringement, we recommend that you send us similar information to that
above in regards to any allegation of trademark infringement, and we will
address it as soon as practicable.
19. Representations &
Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS
TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR
PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT
WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT
OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR
SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE
LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE
TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR
LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY
WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING
BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT,
DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER
ACTIONABLE CONDUCT TOWARDS YOU.
WE ARE NOT RESPONSIBLE FOR ANY MISUSE OF OUR
APP, AND YOU AGREE THAT YOU ARE RESPONSIBLE FOR DETERMINING THE SUITABILITY
OF OUR APP AS IT APPLIES TO YOU.
WE ARE NOT RESPONSIBLE FOR ANY LOSSES WHICH
RESULT FROM SERVER DOWNTIME OR OTHER TECHNICAL ISSUES.
WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON
THE PART OF OUR PAYMENT PROCESSOR TO PROCESS YOUR PAYMENTS PROPERLY, AND
YOU SHOULD CONTACT THEM AND/OR YOUR CARD COMPANY DIRECTLY TO SOLVE ANY
PAYMENT ISSUES WHICH YOU MAY HAVE.
WE ARE NOT LIABLE FOR ANY FAILURE OF THE
GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES
OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR
UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE
TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS
CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS
AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS &
WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST
PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow
us to limit our liability: Notwithstanding
any provision of these Terms, if your jurisdiction has provisions specific
to waiver or liability that conflict with the above then our liability is
limited to the smallest extent possible by law. Specifically, in
those jurisdictions not allowed, we do not disclaim liability for: (a)
death or personal injury caused by its negligence or that of any of its
officers, employees or agents; or (b) fraudulent misrepresentation; or (c)
any liability which it is not lawful to exclude either now or in the
future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT
REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING
APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF
THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION
1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME
OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY
AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE
THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY
SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR
EFFECT AS THE AFOREMENTIONED RELEASE.
20.
Indemnity
You agree to indemnify and hold us harmless
for any claims by you or any third party which may arise from or relate to
this Agreement or the provision of our service to you, including any
damages caused by your use of our website or acceptance of the offers
contained on it. You also agree that you have a duty to defend us
against such claims and we may require you to pay for an attorney(s) of our
choice in such cases. You agree that this indemnity extends to
requiring you to pay for our reasonable attorneys’ fees, court costs, and
disbursements. In the event of a claim such as one described in this
paragraph, we may elect to settle with the party/parties making the claim,
and you shall be liable for the damages as though we had proceeded with a
trial.
Heights provides an App to its Users as a service. Heights is not a marketplace, and is not
responsible for any interactions between its Users and their Students.
21. Choice of
Law
This Agreement shall be governed by the laws
in force in the State of Texas. The offer and acceptance of
this contract are deemed to have occurred in the State of
Texas.
22. Forum of
Dispute
You agree that any dispute arising from or
relating to this Agreement will be heard solely by a court of competent
jurisdiction in the State of Texas. Specifically, where the
subject matter of a dispute is eligible for it, you agree that any disputes
shall be head solely within the lowest court of competent jurisdiction
having the authority to hear civil matters in the State of Texas
(“Small Claims Court”).
If a dispute claims multiple claims and one
or more of those claims would be eligible to be heard by the Small Claims
Court, you agree not to bring the other claims against us and to instead
proceed within the Small Claims Court.
If you would be entitled in a dispute to an
amount exceeding the monetary jurisdiction of the Small Claims Court, you
agree to waive your right to collect any damages in excess of the monetary
jurisdiction and instead still bring your claim within the Small Claims
Court.
You agree that if a dispute is eligible to
be heard in Small Claims Court but you would be entitled to an additional
or alternative remedy in a higher court, such as injunctive relief, you
will waive your right to that remedy and still bring the dispute within the
Small Claims Court.
If you bring a dispute in a manner other
than in accordance with this section, you agree that we may move to have it
dismissed, and that you will be responsible for our reasonable attorneys’
fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any
dispute arising from or relating to this Agreement will be responsible for
the reimbursement of the successful party’s reasonable attorneys’ fees,
court costs, and disbursements.
If for any reason the provisions in this
section as to the proper forum of dispute are found to be unenforceable and
another state may have jurisdiction over such disputes, you agree that this
section shall apply as analogously as possible in that other state,
including but not limited to the requirement that the dispute be brought in
that state’s small claims court.
23. Force
Majeure
You agree that we are not responsible to you
for anything that we may otherwise be responsible for, if it is the result
of events beyond our control, including, but not limited to, acts of God,
war, insurrection, riots, terrorism, crime, labor shortages (including
lawful and unlawful strikes), embargoes, postal disruption, communication
disruption, unavailability of payment processors, failure or shortage of
infrastructure, shortage of materials, or any other event beyond our
control.
24.
Severability
In the event that a provision of this
Agreement is found to be unlawful, conflicting with another provision of
the Agreement, or otherwise unenforceable, the Agreement will remain in
force as though it had been entered into without that unenforceable
provision being included in it.
If two or more provisions of this Agreement
are deemed to conflict with each other’s operation, Heights shall have
the sole right to elect which provision remains in force.
25.
Non-Waiver
Heights reserves all rights afforded to
us under this Agreement as well as under the provisions of any applicable
law. Our non-enforcement of any particular provision or provisions of
this Agreement or the any applicable law should not be construed as our
waiver of the right to enforce that same provision under the same or
different circumstances at any time in the future.
26. Termination &
Cancellation
We may terminate your account or access as
well as access to our Site and Service to you at our discretion without
explanation, though we will strive to provide a timely explanation in most
cases. Our liability for refunding you, if you have paid anything to
us, will be limited to the amount you paid for goods or services which have
not yet been and will not be delivered, except in cases where the
termination or cancellation was due to your breach of this Agreement, in
which case you agree that we are not required to provide any refund or
other compensation whatsoever.
27. Assignment of
Rights
You may not assign your rights and/or
obligations under this Agreement to any other party without our prior
written consent. We may assign our rights and/or obligations under
this Agreement to any other party at our discretion.
28.
Amendments
We may amend this Agreement from time to
time. When we amend this Agreement, we will post the changes
here. You must read this page every time you access our Site or
Service, and if you do not agree to any changes, you must cease using our
Site and Service immediately and inform us of your non-agreement with
sufficient information to identify your account at support@heightsplatform.com so that we may disable your
account.
29. California Users and
Residents
Pursuant to California Civil Code Section
1789.3, any questions about pricing, complaints, or inquiries about Heights must be sent to support@heightsplatform.com.
Lastly, California users are also entitled
to the following specific consumer rights notice: The Complaint Assistance
Unit of the Division of Consumer Services of the California Department of
Consumer Affairs may be contacted in writing at 1625 North Market Blvd.,
Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800)
952-5210.
Last Modified: August 31,
2023
