PRODUCT ​TERMS OF AGREEMENT

Effective date: January 2, 2024

Please READ carefully.

By purchasing any courses, products, or services (collectively referred to as "Products") from Bright Effects Learning Solutions Inc. (“Company,” “we,” or “us”), you agree to the following legal terms and conditions. These terms govern your use of the Products and constitute a binding legal agreement between you and the Company. 

PRODUCT OR SERVICE

The Company agrees to provide the Product(s) identified in the ecommerce shopping cart. As a condition of purchasing this Product, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.

As part of the Product, the Company may provide the following to Client ( See details the ecommerce site at time of purchase): 

A Password Protected Area:  You shall have access to this Area for 180 days, unless otherwise specified on the ecommerce sales page. In the event that Company intends to close the Product Area, prior to 180 days, it shall provide clients with a 30-day notice and the ability to download any material contained in the Product Area. 

From time to time, the Company will offer bonuses to individuals who sign up for the Product. You shall be entitled to any bonuses offered to you at the time of your enrollment if all eligibility criteria for a specific bonus has been met (e.g. completing specific course work, submitting content by a specific deadline, following predefined steps). Bonuses are not guaranteed to be available for the entire lifespan of the Product and they vary depending on specific live and automated promotions throughout the year.  Bonuses will be provided at the time of purchase unless otherwise noted on the sales page or ecommerce site.

USE AND CONSENT

All of our Products are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to any Productss by anyone under age 18 is unauthorized, unlicensed and in violation of these Terms of Use. By accessing or using our Products you represent and warrant that you are at least 18 years old.

FEES

In consideration of Your access to the Product, you agree to pay the fee as outlined on the ecommerce site.  

REFUND POLICY

Your satisfaction with your Product is important to us. Yet, because of the extensive time, effort, preparation and care that goes into creating and/or providing our Products we have a no refund policy. 

You acknowledge that no refunds will be provided to you at any time.  The only exception to this is if there is a refund offered on the ecommerce site at the time of purchase. 

LATE PAYMENT POLICY

In the event that payment is not received by the date due, you will have a five (5) day grace period to make the payment otherwise the Product will not continue and we reserve the right to cease your access immediately and permanently.

If you fail to make payment in a timely manner in accordance with these Terms of Use or voluntarily decide to withdraw from our Products at any time or for any reason whatsoever, you still will remain fully responsible for the full cost of the Product.

If your account remains in delinquent status for longer than sixty (60) days, the Company reserves the right to report any delinquent balance owed to a credit reporting bureau and/or collections agency subject to the Company’s sole discretion until the account is caught up and in good standing.

DISCLAIMER

Every effort has been made to accurately represent this Product and its potential.

This site and the Products offered on this site are not associated, affiliated, endorsed, or sponsored by Facebook, nor have they been reviewed tested or certified by Facebook.

There is no guarantee that you will earn any money using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using our product, ideas and techniques. We do not position this product as a “get rich scheme.”

These Products do not guarantee income, success, or any projected increase in sales, revenue. Company cannot guarantee any success from taking any of the  Products. Company does not create your course for you. This is not a done-for-you service. We provide training and information. Each person’s success and results claimed in our materials depends on the time you devote to the Product, ideas and techniques mentioned, your finances, knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success or income level. Nor are we responsible for any of your actions.

You accept the risk of not achieving any results (or less than desirable results) from purchasing the Product.

This Product does not provide any professional financial, legal, medical or psychological services or advice. None of the content of the Product cures or treats any mental or medical condition. You are responsible for your own physical, mental and emotional well-being, decisions, choices, actions and results. Product disclaims any liability for your reliance on any opinions or advice contained in the Product.

Any third-party links to products or services are subject to separate terms and conditions. Product is not responsible for or liable for any content on or actions taken by such third-party websites. Although Product may recommend third-party sites, products or services, it is your responsibility to fully vet such third parties before entering into any transaction or relationship with them.

PURCHASES AND ONLINE COMMERCE

By purchasing Product you give us permission to automatically charge your credit or debit card as payment for your Product without any additional authorization, for which you will receive an electronic receipt.

INTELLECTUAL PROPERTY RIGHTS

All content included as part of the Product, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Product, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.

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 Product are the trademarks of their respective owners.

Your participation in the Product does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Product, You agree to observe and abide by all copyright and other intellectual property protection.

You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Product content and resources. You hereby agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Product.

The Company content is not for resale. Your participation in the Product does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.

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 Product will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.

YOUR LICENSE TO US

By posting or submitting any material on or through our Products, such as comments, posts, photos, images or videos or other contributions, you are representing that you are the owner of all such materials and you are at least 18 years old.

You are also granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, modify, transmit, sell, distribute, and/or publicly display such contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of our current or future Products and/or our marketing or promotional efforts.

MEDIA RELEASE

By participating in our Products and using our Product Materials, including our Private community, online learning portals, you consent to photographs, videos, and/or audio recordings that may be made that may contain you, your voice and/or your likeness. In our sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to us in connection with your participation in our Product in our current or future Products and/or our marketing or promotional efforts, without compensation to you at any time, now or at any time in the future.

SECURITY

When you apply for, enroll in, purchase or use our Products or Services, or Product Materials we may seek and collect personal data and information including but not limited to your name, e-mail address, phone number, billing information, credit card or payment information, demographic information, preferences, interests, or other personally-identifying information (“Confidential Information”).

By providing such Confidential Information to us, you grant us permission to use and store such Confidential Information. We, in turn, will use our best efforts to keep your Confidential Information safe, secure and confidential. We take precautions to protect such Confidential Information. When you submit Confidential Information via our Product, Service or Product Materials, we take measures to protect the security of your Confidential Information both online and offline.

However, due to the nature of the Internet, we cannot completely ensure or warrant the security of your Confidential Information or of any other data or information transmitted to us or through our services; therefore submitting Confidential Information, data or other information is done at your own risk.

We have security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, but we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.

TECHNOLOGY DISCLAIMER

We try to ensure that the availability and delivery of our Products is uninterrupted and error-free, including our content and communications through methods like our Website, membership portal, course hosting platform, private private community groups, e-mail communications, videos, audio recordings, webinars, recorded webinars, emails, downloadable Mp3 audio files, downloadable PDF printed transcripts, downloadable PDF handouts/slides, handouts, ebooks, or any other materials provided by us to you. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will be not be liable to you for damages or refunds, or for any other recourse, should our Products become unavailable or access to them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Products inaccessible to you.

We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in our Products. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of this information is constantly evolving, we cannot be held responsible or accountable for the accuracy of our content. You acknowledge that such information may contain inaccuracies or errors and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law.

INDEMNIFICATION

You agree at all times to defend, indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Products or your breach of any obligation, warranty, representation or covenant set forth in these Terms and Conditions or in any other agreement with us.

LIMITATION OF LIABILITY

We will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on our Products. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who is engaged in rendering our Products, or in any way or in any location. In the event that you use our Products or any other information provided by us or affiliated with us, we assume no responsibility.

RELEASE OF CLAIMS

In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Products, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.

These Terms of Use require the use of arbitration on an individual basis to resolve disputes, rather than jury trials, and limit the remedies available to you in the event of a dispute. You fully understand and agree that by enrolling in, purchasing and/or using any our Products and Product Materials that you are waiving certain legal rights and you are voluntarily agreeing to do so.

COMMUNICATION GUIDELINES

If you have a question or concern about your Products or Product Materials, you may send an e-mail to [email protected] and we will do our best to reply to your question or concern promptly.

DISPUTE RESOLUTION

It is hoped that should we ever have any differences, we could be able to work them out amiably through e-mail correspondence. However, should we be unable to seek resolution within a reasonable time, you agree now that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. Prior to seeking arbitration, you must send an e-mail to me at [email protected] and include all of your reasons for dissatisfaction with your Product. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your Payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding, and may be entered as a judgment into any court having the appropriate jurisdiction. By purchasing our Products you are agreeing to a modification of the statute of limitations such that any arbitration must be begun within one (1) year of the date of your e-mail to me referenced above or you waive the right to seek dispute resolution by arbitration or to take any other legal action. You also agree that should arbitration take place, it will be held in the town of Atlanta in the State of Georgia where this business is located, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.

In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, designed to disparage us, our Company, or any of our Products. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.

If any terms of these Terms of Use are construed to be invalid or unenforceable for any reason, it shall not affect the validity or enforceability of any other term which shall be given full force and effect.

CONFIDENTIALITY

To use our Products we may seek Confidential Information, or you may offer or provide a comment, photo, image, video or any other submission to us when using or participating in our Products (“Other Information”). By providing such Confidential Information or Other Information to us, you grant us permission to use and store such information. We, in turn, will use our best efforts to keep your Confidential Information safe, secure and confidential in accordance with these Terms of Use and our full Privacy Policy which may be found on our Website. If you believe that any of your Confidential Information is incorrect or incomplete, please contact us as soon as possible. We will promptly correct any Confidential Information found to be incorrect.

If you have any questions about any term of these Terms of Use, please contact us at [email protected].