Bullet Journal Certified Practitioner Program TOUUpdated 5 months ago
Writing for Being Terms and Conditions of Use
Bullet Journal® Certified Practitioner Program
Please read these Terms and Conditions of Use (“TOU”) carefully. You must agree to these TOU before you are permitted to use or access any Lightcage LLC dba “Bullet Journal®” digital or downloadable resources, online courses, membership portals, or participate in any Bullet Journal® one-on-one or group coaching sessions, classes, programs, certifications, events, workshops, or trainings, or enter any online private forums operated by Bullet Journal® (for any purpose), whether on a website hosted by Bullet Journal® or a third-party website such as an online course platform or facebook.com (collectively “the Program”).
If you do not agree with these TOU, you may not use or participate in the Program.
As used in these TOU, the term “Releasees” is defined to include the following: (i) Lightcage LLC dba Bullet Journal®, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, coaches, instructors, representatives, successors, and assigns (collectively “the Company”); (ii) any Company volunteers; and (iii) Ryder Carroll.
The Program and Certification
Writing for Being is a six (6) week group program. In addition to the online content and materials included with the Program, you will receive the following for one year:
Premium Bujo U Membership, and
Access to the Basics & Beyond course.
The Company reserves, in its sole right and discretion, the right to adjust the Program offerings, at any time. Except as otherwise expressly provided for in these TOU, any adjustments to the Program will take effect following notice to you.
You acknowledge that you may be required to track or report Program progress.
In order to achieve “Certification” as a Bullet Journal® Certified Practitioner, you must pay the Program Fee (defined below), and complete all of the Certification criteria established by the Company in its sole discretion, which may include that you:
Demonstrate mastery in the Bullet Journal® Certified Practitioner content and approach through successful completion of concept checks at the conclusion of each lesson defined as a score of 80% or higher on all checks;
Demonstrate mastery in the Bullet Journal® Certified Practitioner content and approach through successful completion (a minimum of 90%) of the Bullet Journal® Certified Practitioner final exam within 1 month of completing all Program lessons and associated tests; and
Continue compliance with these TOU.
Certification grants you permission to use the Company’s Bullet Journal® Certified Practitioner badge (the “Badge”) and Bullet Journal® Certified Practitioner title (the “Title”), subject to the Certification License (which is detailed in the Intellectual Property Section below).
Certification is not required to participate in the Program. However, if you do not complete the requirements for Certification, you will not have permission to use the Badge or Title and cannot participate in the Bullet Journal® Certified Trainer Program.
You acknowledge that the Company may, at any time and in its sole discretion, modify the name of the Program, the Badge, and/or the Title.
You may not use ChatGPT or any other artificial intelligence (AI) technologies to fulfill any Program or Certification requirements. Use of AI technologies undermines the authenticity of the certification process and is expressly prohibited.
You agree that your Certification may be revoked if, in the Company’s sole discretion, you violate these TOU in any way.
All Bullet Journal® Certified Practitioners in good standing will be eligible to participate in the Bullet Journal® Certified Trainer Program.
Participants
This Program is intended and only suitable for individuals aged 18 and above. Some of the content in this Program may not be appropriate for children. Company hereby disclaims all liability for use by individuals under the age of 18.
By accessing or using the Program, you represent and warrant that you have sufficient legal capacity to enter into this TOU.
Program Fee
To participate in the Program, you agree to pay a “Program Fee” of $1499.00 (One Thousand Four Hundred Ninety-Nine Dollars) USD.
Installment payment plan options may be available through third-party payment servicers in select locations. If you select an installment payment option, you are still responsible for the full amount of the Program Fee.
If you enroll in an installment payment plan through a third-party payment servicer (such as Shop Pay) you will be directed to that third-party payment servicer’s website and you agree to be subject to that third-party’s terms of service and privacy policy in addition to these TOU.
If paying by debit card or credit card, you give the Company permission to automatically charge your credit or debit card for all fees and charges due and payable to the Company, without any additional authorization, for which you will receive an electronic receipt. You also agree that the Company is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).
If payment is not received when due, the Company reserves the right to terminate your access to the Program and your Certification immediately and permanently.
If you fail to make any payment in a timely manner or voluntarily withdraw from the Program, at any time or for any reason, you will remain fully responsible for the full cost of the Program, including all payments in any payment plan you have chosen. The Company reserves the right to charge a late fee on all balances more than 30 days overdue. You agree to reimburse the Company for all collection and/or legal fees and expenses necessitated by lateness or default in payment.
Refunds, Cancellations, and Termination
Your satisfaction with the Program is important. However, because of the extensive time, effort, preparation, and care that goes into creating and providing the Program and Certification, the Company only provides refunds of the Program fee for a limited time. You are only eligible for a refund of the Program Fee before the second live training session.
To request a refund for the Program Fee, you must submit your refund request via email to [email protected] before the second live training session.
After the second live training session, the Company will not honor any refund requests. In all other instances, the Company does not offer refunds.
Upon determining that you are entitled to a refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds. If your refund request is approved, you will be removed from the Program and that shall immediately terminate any and all licenses granted you, including the Certification License defined below. You will also lose access to and permission to use any materials provided to you through the Program. This includes without limitation: video recordings, audio recordings, forms, templates, curriculum, slide shows, Premium Bujo U Membership areas, Basics & Beyond course, private social media groups, and other resources.
Unless otherwise provided by law, you acknowledge that the Company does not offer refunds outside of the limited policy stated above. By using and/or purchasing the Program, you understand and agree to this refund policy.
The Company reserves the right, in its sole discretion, to determine how to manage a participant who violates this TOU. Therefore, if you disagree with how the Company manages another participant and request a refund on that basis, the Company will deny such request.
Furthermore, if a participant violates this TOU, the Company reserves the right, in its sole discretion, to offer the participant another opportunity to abide by this TOU. If you disagree with the Company offering another participant a second opportunity to follow the terms of this TOU, you will not have grounds for a refund, and any request for a refund on this basis will be denied.
Since the Company has a clear and explicit refund policy in this TOU that you have agreed to prior to completing the purchase of the Program, the Company does not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. If a chargeback is placed on a purchase or the Company receives a chargeback threat during or after your purchase, the Company reserves the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
The Company reserves the right in its sole discretion to refuse or terminate your access to the Program and Content (defined below) or to revoke the Certification License, in full or in part, at any time without advanced notice. The Company may terminate your participation in the Program or revoke your Certification and Certification License at any time, without refund, if you breach any part of this TOU. If you would like to cancel your access and participation in the Program or Certification, you must provide the Company with written notice (including e-mail). In the event of cancellation, termination, or revocation by you or the Company, you are no longer authorized to access the Program, Content, Title, or Badge, all licenses granted to you in this Agreement, will immediately terminate (including the Certification License and access to the Premium Bujo U Membership and Basics & Beyond course), and any remaining installment, default, or late payments will be due immediately. The restrictions imposed on you in this TOU with respect to the Program, Content, Title, and Badge will still apply now and in the future, even after termination by you or the Company.
Guest Instructors and Instructor Substitutes
The Company may have guest or substitute instructors participate and teach in the Program from time to time. Company, in its sole right and discretion, reserves the right to assign any and all duties, responsibilities, and obligations under the terms of these TOU, at any time, to any qualified third party of their choosing to be a guest or substitute Program instructor, without providing advanced notice nor needing advanced consent from any participant(s).
If a participant disagrees with or fails to consider Company’s guest instructor or instructor substitute as qualified, no grounds to receive a refund will be created, and any request for a refund on this basis shall be denied.
Intellectual Property Rights
Ownership of the Content
The words, videos, voice and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through the Company website, any third-party website the Company may use to distribute or host the Program, and contained in e-mails sent to you by the Company, as well as the look and feel of all of the foregoing (“the Content”) is property of the Company and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.
The Company’s Limited License to You
If you view, purchase, or access any Program or any of the Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.
This means you may view, download, print, email and use one copy of individual pages of the Program materials for your own personal purposes or within your own business only.
You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, or any other third party, or otherwise use any material from the Program or Content for commercial purposes or in any way that earns you or any third-party money (other than by applying them generally in your own business). By downloading, printing, or otherwise using the Program or Content for personal use you in no way assume any ownership rights of the Content – it is still Company property. Any unauthorized use of any Program materials shall constitute infringement.
You must receive the Company’s written permission before using any of the Program or Content for your own commercial use or before sharing with others.
You are strictly prohibited from uploading or distributing Content to any website, platform, software, or database where it could be accessed or replicated by ChatGPT or other artificial intelligence technologies.
The trademarks and logos displayed within the Program or Content are trademarks belonging to the Company, unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.
All rights not expressly granted in these TOU or any express written license, are reserved by the Company.
Certification License
While you maintain Certification, the Company grants you a limited, non-exclusive, revocable, non-transferable license the “Certification License” to use and display the Company’s Badge and Title in order to notify others that you are a Bullet Journal® Certified Practitioner. This means you can include that you are a Bullet Journal® Certified Practitioner on your resume or other professional profile or display the Badge on the webpage where you offer your professional services. If your Certification is revoked for any reason, this Certification License shall immediately terminate. In no event shall you, or any person or entity acting on your behalf, use the Badge, Title, or the Company name, logo, trademarks or service marks, for any other purpose without the Company’s prior written consent.
The Certification License does not give you permission to teach or train others in the Bullet Journal® Method. You may not use the Company’s “Bullet Journal® Certified Trainer” logo or trademark in any way or hold yourself out to be a “Bullet Journal® Certified Trainer.” The title “Bullet Journal® Certified Trainer” may only be used with the Company’s consent by persons who have successfully completed the Bullet Journal® Certified Trainer Program.
You may not transfer, sublicense or assign the Certification License and/or your rights to use the Badge and Title. The Company may require you to stop using or displaying the Badge and Title in its sole discretion. The Company may modify, amend, supplement and/or replace the terms and conditions of this Certification License in writing at any time.
Unauthorized Use
Your use of any materials found in the Program, or use of the Content, Badge and/or Title other than that expressly authorized in this agreement or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the Program in the event of your Unauthorized Use, or a minimum of $5,000, whichever is greater, in addition to any legal or equitable remedies the Company may be entitled to pursue. This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use.
You agree that any violation or threatened violation of the Intellectual Property Rights terms in these TOU would cause irreparable injury to the Company that may not be adequately compensated by damages, entitling the Company to obtain injunctive relief, without bond, in addition to all legal remedies.
Your License to the Company; Use in Testimonials and Marketing.
By posting or submitting any material during the Program such as comments, posts, photos, designs, graphics, images or videos or other contributions, you are representing to the Company that you are the owner of all such materials, and you are at least eighteen (18) years old.
The Company may request your consent to use your likeness (including your name or screen name), comments, posts, photos, images, videos or other contributions created by you or that you submit to the Company (collectively, “Your Material”), for any purposes, including commercial purposes such as advertising. If you grant such consent, you agree that the Company, and anyone authorized by the Company, is granted an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly display Your Material, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and grant the Company the right to make it part of the Company’s current or future website, marketing and Content. This right includes granting the Company proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by the Company to you. The Company may also identify you as the author or individual depicted in Your Material. You acknowledge that, if you grant this consent, the Company has the right but not the obligation to use Your Material and that the Company may cease using Your Material at any time for any reason.
You also consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, video meetings, or other communications, that may be made by the Company during the Program that may contain you, your voice and/or your likeness. This includes consent to the Company’s use of AI transcription tools during video meetings. You grant the Company the right and license to use these photographs, transcriptions, videos and/or audio recordings as necessary for the Company to provide the Program to you, which may include sharing with other Program participants.
The Company will, however, request your consent to the Company’s display, distribution or publication of these photographs, transcriptions, videos, and or/audio recordings outside of the Program, on the Company’s website, or in the Company’s marketing. The Company will also request your consent before using any other material created by the Company that is in connection with your participation in the Program. If you grant such consent, you agree that the Company, and anyone authorized by the Company, is granted the right, without any compensation to you, to use your likeness and identify you as the individual depicted in any comments, posts, photos, images, videos or other contributions created by the Company, or by name, email address, or screen name, for any purposes, including commercial purposes and advertising. You acknowledge that if you grant consent, then the Company will have the right but not the obligation to use the contributions created by the Company and that the Company may elect to cease the use of any such contributions at any time for any reason.
Request for Permission to Use the Content
If you wish to use any of the Content, or any other intellectual property or property belonging to the Company, you should request permission in writing BEFORE you use the Content by sending an e-mail to [email protected].
If you are granted permission by the Company, you agree to use the specific content that the Company allows and only in the ways for which the Company has given you its written permission. If you choose to use the Content in ways that the Company does not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such content from the Company, and you consent to immediately stop using such content and to take whatever actions as the Company may request and by the methods and in the time frame that the Company prescribes to protect the Company’s intellectual property and ownership rights in the Program and Content.
Instructor-Client Relationship
The learning and educational relationship is co-creative, meaning that the instructors and you are equal partners in the learning process.
Your Instructors’ Responsibilities
Your instructors are trained to use communication skills and instructional tools to support you as an equal partner throughout the learning process.
Your instructors will answer questions through whatever forum your Program provides, such as via the Company’s website, a social media forum, private message, or live group teaching call.
Your Responsibilities
You agree to complete all tasks assigned during the Program, including but not limited to attending class sessions/calls, interacting in the private community, and reading and completing the exercises.
You agree that your relationship with the Company is that of an instructor-participant relationship and that no other professional relationship has been established.
You agree that education is not to be used as a substitute for professional advice of any kind, including medical, mental, or other qualified professional help and you agree to seek professional guidance for such matters, should they arise, independent of the educational relationship.
Your Conduct
The Program is a “pitch free zone.” You agree you will not pitch, promote, market, or sell any other products, groups, programs, or events to Program participants on any Company website or third-party forums operated by the Company, whether or not officially sanctioned, owned, or operated by the Company. This means you agree not to form, or ask Program participants to join, “shadow” groups on social media or any other platform, or in-person meetups, based on interests or locality. You agree you will not invite Program participants to participate in events, such as a meetup, or seminar, without first receiving approval from the Company. You agree not to market, promote, or sell products or services such as coaching services, or other products or services to Program participants, unless you are authorized or requested to do so by the Company.
Please carefully choose the materials that you upload to submit to or embed on any website operated by the Company and any third-party forums operated by the Company. Any material you post on the Company’s website or in any third-party forums operated by the Company may become public.
You are responsible for Your Material and for any liability that may result from the material you post. You participate, comment, and post material at your own risk. Any communication by you on the Company’s website and any third-party forums operated by the Company, whether by leaving a comment, participating in a chat, public or private forum, or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory, or obscene or otherwise in violation of any law or the rights of others. You agree to post comments or other material only one time.
You are strictly forbidden from the following:
Harassing, fighting with, or being disrespectful to other participants
• Causing damage to any Company website or third-party forums operated by the Company
• Using any Company website or third-party forums operated by the Company for any unlawful, illegal, fraudulent, or harmful purpose or activity
• Using any Company website or third-party forums operated by the Company to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software
• Using any Company website or third-party forums operated by the Company to transmit, send, or deliver unsolicited communications or for other marketing or advertising purposes
• Systematically or automatically collecting data from any Company website or third-party forums operated by the Company
Sharing private and proprietary information from other participants with anyone else
Using discriminatory speech, hate speech, comments, or actions against another participant based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels.
If, in the Company’s sole discretion, your conduct violates these TOU in any way, you agree that the Company may immediately and permanently terminate your participation in the Program and your access to the Content, and can revoke the Certification, without refund.
The Company does its best to create a safe and welcoming space for all participants, however, Company cannot guarantee that all participants will follow these guidelines. Company, in its sole discretion, may remove any participant’s comments, posts, content or materials, however, Company does not have a duty to review all comments, posts, content and material shared within any online private forums or groups or on any group call. Therefore, Company shall not be held liable for any participant’s comments, actions, posts, content, or materials that result in another participant’s trauma or discomfort.
The Company neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on the Company website or any third-party forums operated by the Company. The Company shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on the Company website and any third-party forums operated by the Company.
Community Guidelines
The Company has created a community that is a safe and judgment-free space for connection, conversation, learning, and growth. Within Company’s community is the baseline expectation that all participants will treat one another with respect while bringing encouragement and consideration to all participants.
The Company’s community guidelines are as follows:
A. The Company’s Program promotes diversity amongst its participants. Therefore, the Company encourages all participants to connect with one another and to learn about one another’s background, interests, hobbies, and points of view. The Company does not tolerate nor support any participant’s discriminatory speech, hate speech, comments, or actions against another participant based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels.
B. The Company has created a safe space for all participants to feel seen, respected and heard. Company encourages participants to engage in respectful dialogue with one another. The Company does not support nor tolerate any disrespectful actions or comments, which include, but are not limited to hate speech, discriminatory comments, physical, or mental or emotional abuse. Therefore, each participant must demonstrate respect towards one another.
C. Support each participant with words of encouragement, resources, or suggestions, while respecting each participant’s boundaries.
D. The Company reserves the right to offer additional program elements from time to time, for any subgroup of participants. These additional program elements are a bonus, not a part of the services included in the base participation of the Program. The selection of the participants who may participate in any additional program elements is at the sole discretion of the Company.
The Company may also post separate rules regarding your behavior in any online community or forum, whether hosted on the Company’s website or a third-party website, which may be updated from time to time. You agree that you are bound by those rules, and they are expressly incorporated into these TOU.
Confidentiality
Company is not legally bound to keep your information confidential. Nevertheless, the Company agrees to keep all information about the educational relationship confidential and will not disclose this information to third parties outside of the Program unless the Company obtains your permission to do so or when disclosure is required by law, for example if a court issues a subpoena for the file or information, or if you threaten to harm yourself or others. You acknowledge that your communications with your instructors are not covered by any doctor-patient privilege or other privilege.
Confidential information does not include information that:
was in the Company’s possession prior to your participation in the Program;
is generally known to the public or in your circle of friends and family and co-workers; or
the Company may be required by law to disclose.
You agree that the Company shall not be liable for the disclosure of any of your information by another Program participant. You agree to keep all information you learn about other Program participants, their businesses, or clients (as applicable), strictly confidential except in very rare circumstances where disclosure is required by law.
The Company may record class sessions and share them in the Program, on the Company’s website, or on third-party forums operated by the Company.
You agree you will not share any recorded class sessions or third-party forum postings outside the private member areas of the Company’s website, or any third-party forums operated by the Company. If the Company discovers you have done so, this will be grounds for immediate termination of your access to the Program and Content.
Live or In-Person Events
If you participate in any live or in-person event as part of the Program, you agree to observe and obey all posted rules and warnings, to follow any instructions or directions given by the Company through its employees, representatives, or agents, and to abide by any decision of any Company staff or volunteers, or Company vendors or contractors, regarding your ability to safely participate in the Program. You agree to exhibit appropriate behavior at all times and to obey all local, state, and federal civil and criminal laws while participating in the Program, including while attending events. This includes, generally, respect for other people, equipment, facilities, or property. The Company may, in its sole discretion, dismiss you, without refund, if your behavior endangers the safety of or negatively affects the Program or any person, facility or property.
You consent to medical care and transportation in order to obtain treatment in the event of injury to you as Company, volunteers or medical professionals may deem appropriate. These TOU extend to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury.
If you choose to consume alcoholic beverages during any part of the Program, you must do so responsibly and only if you are over the age of twenty-one (21).
The Company is not responsible for any personal item or property that is lost, damaged or stolen at or during the Program.
Term
The Certification Term (“Certification Term”) will begin upon your acceptance of an offer of Certification and will last in perpetuity with the exception of (i) the Company’s termination of your certification at any time if you should breach any of the terms of these TOU or termination by the Company for any other reason, in the Company’s sole discretion; (ii) your termination of this Agreement.
Diversity, Equity, and Inclusion
The Company is committed to social justice, including LGBTQ rights, women’s rights, and civil rights and provides services for individuals from a diverse array of races, ethnicities, national origins, sexual orientations, ages, religions, genders, educations, abilities, and other identities.
The Company does not tolerate or support discriminatory speech, hate speech, comments or actions against others based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels, or any physical, mental, or emotional abuse.
The Company reserves the right to terminate this Agreement and your participation and access to the Program, without refund, if you, or your employees, representatives, agents, founders, members, owners, managers, directors, or officers, engages in, encourages demonstrates or communicates statements, language, or actions that support race, gender, ethnicity, or disability inequality, discrimination, hate speech, or disrespect towards any individuals on the Company’s team, or that are in underrepresented or under-represented or marginalized groups.
Personal Responsibility, Assumption of Risk, Release, Disclaimers
You are voluntarily participating in the Program and assume all risk of injury, illness, damage, or loss to you or your property that might result, whether arising out of the negligence of Releasees or otherwise.
The Program and Content provide information and education only, and do not provide any financial, legal, medical, or psychological services or advice. None of the Program or Content prevents, cures, or treats any mental or medical condition. The Program and Content is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, or medical professional. You are responsible for your own financial, legal, physical, mental, and emotional well-being, decisions, choices, actions, and results. You should consult with a professional if you have specific questions about your own unique situation. The Company disclaims any liability for your reliance on any opinions or advice contained in the Program.
You agree that you will not use education as a way of diagnosing or treating mental disorders as defined by the American Psychiatric Association. If you are in therapy or under the care of a mental health professional, you will notify and consult with the mental health care provider regarding your decision whether to work with an instructor.
You acknowledge that, by engaging with the Company for the Program, you voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property, and release, covenant not to sue, and hold Releasees harmless for any and all liability to you, your personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your participation in the Program, including at live or in-person events, or related to the Certification License, whether or not caused by the active or passive negligence of the Releasees. This release is not intended as an attempted release of claims of gross negligence or intentional acts by Releasees.
In the event that the release and hold harmless provision is held unenforceable for any reason, you agree to limit any damages claimed to the total paid to the Company for the Program.
Earnings and Results Disclaimer: You agree that Company has not made and does not make any representations about the earnings or results you may receive as a result of your participation in the Program or through your Certification. The Company cannot and does not guarantee that you will achieve any particular result or earnings from your use of the Program or Certification, and you understand that results and earnings differ for each individual.
Any links to third-party products, services, or sites are subject to separate terms and conditions. The Company is not responsible for or liable for any content on or actions taken by such third-party company or website. Although the Company may recommend third-party sites, products, or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.
The Company tries to ensure that the availability and delivery of the Program and Content is uninterrupted and error-free. However, the Company 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, the Company will try to limit the frequency and duration of suspension or restriction.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE PROGRAM AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE PROGRAM OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE COMPANY’S WEBSITE, INCLUDING MEMBERSHIP PAGES, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PROGRAM, INCLUDING ITS MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE PROGRAM. IN NO EVENT WILL THE COMPANY’S LIABILITY TO YOU EXCEED THE FEES PAID UNDER THIS TOU, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY.
Security
You acknowledge that there is an inherent risk in all forms of electronic communication, and communications between you and the Company may be unlawfully intercepted by third parties
not under our control. The Company does not guarantee the security of any information transmitted via the Internet, telephone, video conference, or other electronic media. Any efforts you undertake to communicate with the Company are done at your own risk.
Legal Disputes & Dispute Resolution; Class Action Waiver
These TOU shall be governed by and construed in accordance with the laws of New York without giving effect to its conflict of laws principles. With the exception of injunctive relief sought pursuant to these TOU, the Parties agree that any and all claims arising out of or relating to the Program, the Certification, or these TOU shall be exclusively decided through binding arbitration in Brooklyn or Manhattan in New York City, New York administered by The American Arbitration Association. The Parties waive any right to bring claims as part of a class or collective action and agree, instead, to conduct an arbitration related solely to any individual claims they may have against one another. Each party shall bear its own attorneys’ fees and costs during the proceeding, but the prevailing party’s attorneys’ fees and costs shall be included in any award issued. The arbitrator(s) shall render a written decision (which will provide for the payment of costs, including legal fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION
Users Outside United States
The Company controls and operates the Program from offices in the United States. The Program and Content are created based in American English. The Company does not represent that the materials within the Program are appropriate or available for use in other locations. People who choose to access the Program from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
EU/EEA/UK Program Participant Cooling Off Period
Participants in the European Union, European Economic Area, and United Kingdom have a fourteen (14) day right of withdrawal from certain transactions under the terms of their respective laws. The Company is obligated to inform you of this right in very specific legal terms, which you can find below.
The Company agrees to honor your right of withdrawal as required by law prior to the commencement of the Program, which includes, but is not limited to your viewing or accessing the Program portal, viewing, accessing and/or downloading Program materials and Content, and attending trainings or events associated with the Program (“Performance”).
If this right of withdrawal extends to you, then you have fourteen (14) days from your acknowledgement of these TOU to withdraw your acceptance of these terms, without giving any reason, and without incurring any costs other than those provided for in this section. The withdrawal period will expire after fourteen (14) days from the day you acknowledge this TOU.
By accepting this TOU, you agree and give your express consent and acknowledgement that you will lose your right of withdrawal once you have begun Performance of the Program.
If you choose to exercise your right of withdrawal, the Company will reimburse to you all payments received from you less the processing fees incurred per transaction, currently 2.9% of the transaction amount plus $0.30. This reimbursement will be made using the same method of payment you used for the initial transaction. In any event, you will not incur any fees as a result of such reimbursement.
To exercise your right of withdrawal, you should inform the Company of your decision to withdraw within the fourteen (14) day withdrawal period by emailing [email protected] or mailing a letter to:
Bullet Journal
Attn: Ryder Carroll
223 Bedford Ave Ste A #1157
Brooklyn, NY
11211
You may use the below model form, but it is not obligatory.
To: Bullet Journal
[Date]
I [your name] hereby give notice that I [your name] withdraw from my participation in Writing for Being, which I purchased on [insert date of purchase]. I also withdraw from the Terms and Conditions of Use Agreement that I acknowledged when registering for Writing for Being.
Acknowledged on [date] / Received on [date].
[Your name]
[Your address]
[Your signature (physical or electronic)]
The burden of proof of exercising the right of withdrawal in accordance with this clause shall be on you. Except as provided for in this section, you shall not incur any liability as a consequence of your exercise of the right of withdrawal. If you exercise your right of withdrawal, both you and the Company will be released from your obligations to perform under these TOU, any ancillary contracts will be terminated automatically, and you may not be afforded the opportunity to enroll or participate in any service or product offered by the Company in the future.
Indemnification
You agree to defend, indemnify, release, and hold harmless the Company and any directors, officers, agents, contractors, partners, assigns, successors-in-interest and its and their employees from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) your use of the Program, Content, Badge or Title in violation of these TOU, (ii) any breach by you of these TOU or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to the Company’s website or any third-party forum or website operated by the Company, (iv) your use of materials or features available on the Program or as part of the Content (except to the extent a claim is based upon infringement of a third-party right by materials created by the Company) or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
Force Majeure
The Company shall not be deemed in breach of this Agreement if the Company is unable to provide the Program or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, epidemic, pandemic, death, illness or incapacity of the Company or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Company’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, the Company shall give notice to you of its inability to perform or of delay in completing the Program and shall propose revisions to the schedule for completion of the Program or other accommodations or may terminate this Agreement.
General Provisions.
If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision.
This is the entire agreement of the parties and reflects a complete understanding of the parties with respect to the subject matter. This agreement supersedes all prior written and oral representations.
The Company may change, modify, or update these TOU at any time. If you access or use the Program, Content, Badge or Title after the Company publicly posts or distributes such changes, then that will signify your consent to such modifications. If you have any questions or concerns about this TOU, contact [email protected].
[if possible, use this language in your sign up form with a box buyers are required to click saying they agree; they must be able to view the entire document either in a scroll box on the page or by clicking a link to view them somewhere else on your site BEFORE they click the “I agree” button]
By clicking on the box when signing up for the Writing for Being program, you are providing the electronic equivalent of your signature and assert that you have read, understood and agreed to this entire document, including the refund policy, arbitration provision and class action waiver. If you do not agree with these terms, do not purchase or use the Writing for Being program or its content.