BFA TERMS & CONDITIONS
TERMS & CONDITIONS FOR ACCESS TO BREAKING FREE ACADEMY
Welcome!
Thank you for purchasing The BReaking free Academy Program (“Program”).
All sales are final for this course. By clicking “Buy Now,” “Complete Order,” or any other phrase on the purchase button, entering your credit card information, or otherwise rendering payment (either in-full or partial) for the Product for which these terms appear, you (“Client” and/or “Customer”) agree to be provided with Program created by Lindsey mishaels (“Owner”) in her capacity as Owner of Lindsey mishaels International, Inc., (the “Company”), and you are executing a legally binding agreement with the Company, subject to the following terms and conditions (“Agreement”):
Lindsey Mishaels International Inc. (“Lindsey mishaels) welcomes you. Please READ carefully. Your access and use of this Site and Program is subject to legally binding terms and conditions, which you accept and agree to by accessing this Site and/or Program and making the initial payment to purchase the Program. Company may modify, amend, supplement and replace these terms and conditions at any time without advance notice. Your continued use of this Site and Program after any change means you have accepted the changed terms and conditions. Lindsey Mishaels International Inc. (“Lindsey mishaels) welcomes you. Please READ carefully. Your access and use of this Site and Program is subject to legally binding terms and conditions, which you accept and agree to by accessing this Site and/or Program and making the initial payment to purchase the Program. Company may modify, amend, supplement and replace these terms and conditions at any time without advance notice. Your continued use of this Site and Program after any change means you have accepted the changed terms and conditions.
1. Introduction
Lindsey Mishaels International, Inc. (“Company”) is a company incorporated in Colorado USA which provides prospective and actual business owners with online courses and other educational materials. Company has created Breaking free Academy (“Program”) to educate Client on how to leverage social media to market online service-based businesses and sell Client services.
2. Disclaimer
A. Website- The material appearing on the websites www.lindseymishaels.com, www.breakingfreeAcademy.lindseymishaels.com (“this Site”), is provided as either information about Vanessa Lau’s events, people, the Program or stories & is a platform for online connection and community. The owner of this Site (lindsey mishael) and its directors, agents, employees and affiliates assume no responsibility or liability for any consequences resulting directly or indirectly from any action or inaction you take based on the information found on or material linked to on this Site. Any information by or on this Site or inside the Program is provided for promotional or informational purposes only and is not to be relied upon as a professional opinion whatsoever. By using this Site and/or Program, you accept and agree that following any information or recommendations provided therein is at your own risk.
B. No Guarantees- Company makes NO GUARANTEES about any success that you’ll get from our Site or our courses, such as Program, or any of our free offers. Client understands that the Program has been designed by Company for general educational and informational purposes only, with the goal of teaching Client new skills and providing Client with awareness of traditional business practices. Through the Program, the Company might provide guidance regarding business decisions, but it is ultimately the responsibility of the Client (and only the Client) to make the final decision for themselves. By using Company’s services and purchasing this Program, Client accepts any and all risks, foreseeable or unforeseeable, arising from such a transaction. Client agrees that Company will not be held liable for any damages of any kind resulting or arising from the use or misuse of the Program. Client agrees that use of this Product is at user’s own risk. Client hereby acknowledges that Client is solely responsible for the amount and type of income that Client generates by implementing techniques and advice provided by Program. Client also acknowledges that the Company cannot and does not guarantee that implementation of the Program will provide Client with a lucrative business. Client also agrees that Client is solely responsible for any decision Client makes and indemnifies Company from any liability regarding said decision. Ultimately, we will not be responsible or make any promises for what will happen in your life and business. Even if you’ve worked with us as a client before and achieved certain results, we make no guarantee that they will happen again. We cannot be any more clear about this: We are here for you and want you to succeed, but we make no promises regarding results and make no guarantees whatsoever.
C. Scope of Services. The Company is not an employee, manager, lawyer, accountant, psychiatrist, psychologist, therapist, accountant, public relations manager, social media manager, doctor, counselor, business operations manager, financial analyst, business executive, or other agent of Client’s business. Client understands that the Program is created to help Client learn new skills and assist Client with finding their own direction. The Program may offer guidance regarding business decisions, but it is the responsibility of the Client to make the final decision and choose the best option for themselves. This Program does not include: 1) individualized advice and feedback; 2) procuring business or potential clients for Client; 3) performing any business management services for Client, such as accounting, operations, research, or development; 4) life coaching or therapy sessions in the form of psychotherapy, psychoanalysis, or behavioral therapy; 5) publicity, public relations and/or social media marketing services; 6) legal or financial advice; 7) introduction to Client’s professional network and business relationships. Client hereby acknowledges that business and mindset coaching are subjective services and Company’s methods to provide said services may change in terms of style, technique and content. Company and/or Owner may use its own judgment to provide the Program services to Client, even if these methods do not follow strict adherence to Client’s suggestions, per the nature of said services.
D. Communication with Third-Parties. From time to time, this Program may include community aspects, such as courtesy access to a Student-only Facebook group. Company shall not be held liable, either directly or indirectly, for Client’s communication with any other student or third-party that may or may not be part of the Program. For instance, as part of the Program, the Company may encourage students to broaden their marketing message by collaborating with other third-parties. These are mere suggestions and it is important to note that creating relationships and communicating with third-parties is the sole responsibility and at the sole discretion of the Client. Company is not liable for the actions of those third-parties, nor is Company to be held responsible for any communications, conflicts, or damages that occur through Client’s communication and/or collaboration with a third-party. While Company will take reasonable measures to ensure there is no injurious communications inside the Program community, it is the responsibility of all students to act with their own volition and discretion when communicating with others.
E. Delivery of Program. This Program may be distributed by Company either directly or through a third-party platform. Company reserves the right to substitute services equal to or comparable to the value of Program if reasonably required by the prevailing circumstances as determined by Company. Access to this Program is currently through a third-party platform, Kajabi, LLC. (“Kajabi”). Company is not liable for any limitation of access to the Program caused by Kajabi or any other third-party used to assist Company with the delivery of this Program to Client.
F. Certifications and/or Other Requirements. As part of this Program, Company encourages individuals and/or business owners to enter into the online education space for topics they are reasonably qualified to teach on or assist with, or to otherwise provide services they are skilled to provide. Due to the educational and informational nature of this Program, the volume of students that enter into the Program, and the international scope of the Program’s availability on the internet, it is not the responsibility of Company to determine whether a Client or third-party (ie. other student) is qualified to offer the services they present. It is the sole responsibility of Client and all other students inside the Program to determine whether they need any qualifications, certificates, registrations, degrees, diplomas, or other requirements to carry-out the services that they purport to offer during or after completing the Program. This is a material part of this Agreement as it is categorically impossible for Company to monitor all students’ past, present and future behaviors, as well as international and local laws, regulations, and other requirements to ensure that a student’s actions (including Client’s) are lawful.
G. Zero Tolerance. Company employs a Zero Tolerance policy inside the Program as it pertains to harassment of Company representatives and/or other students inside the Program. “Harassment” shall include, but is not limited to, abusive language (ie. excessive cursing, threatening language, name-calling), volume of messages (ie. demanding responses or sending back-to-back messages without awaiting a reasonable time to allow a response), unwanted communications (ie. with other students through private channels or DMs), hate speech, intimidation, racial slurs, mocking others, displaying disgust towards others, and more. If Client or any other student harasess a Company member or other student inside the Program, Company will give one (1) warning to Client or the student to modify their behavior. Thereafter, upon a second incident of Harassment, Company will immediately remove the Client or student from the Program and block-list them (ie. ban them from future Company offerings) with no money back. Whether or not a student is considered to harass another is at the sole interpretation of Company and will be a decision made based on the facts and evidence at-hand (ie. writings, emails, screenshots, etc.)
H. Disputes & Customer Support. Company has developed a proprietary system to ensure Clients feel supported. However, from time to time, there are issues that arise. In the event that Client has any issue whatsoever with the Product, whether tech or substantive or otherwise, Client hereby acknowledges they will raise that issue through private channels, as to not flood the student platform and/or community. Namely, Client shall email its question or issue to support@lindseymishaels.com
3. Intellectual Property
A. Copyright. USA copyright laws protect all materials created by Owner and/or Company on the Site and within the Program as original works. All materials belong to Owner and/or Company, including those with the absence of a registered copyright symbol. This Program and the related content shall be considered intellectual property owned by Company. Other examples of intellectual property owned by Company and within Company’s products include, but are not limited to: trademarks, service marks, layout, logos, business names, course/program/module names, design, text, written copy, certain images, podcast recordings, lead magnets, workbooks, videos, audio files, and all of our paid products (collectively referred to as “Intellectual Property”).
B. Non-Exclusive License. If Company provides Intellectual Property on the Site and/or within the Program that Client can download, a revocable, non-exclusive license is granted for Client to download copies of the materials for personal, non-commercial transitory viewing only. Company grants only a limited, personal, non-exclusive and non-transferable license to Customer to use the Intellectual Property for Customer’s personal and internal business use. Nothing in this Agreement shall transfer ownership of or rights to any Intellectual Property of the Company to the Client, nor grant any right or license other than those stated in this Agreement. Client acknowledges that his/her purchase of this Program is for their single individual use. Client shall not copy, reproduce, translate, transmit, modify, edit, create derivative works from, alter, sell, or share with others any products or parts of the Program without prior written consent or unless provided otherwise. This is the grant of a license, not a transfer of title, and under this license Client shall not: modify or copy the Intellectual Property; use the Intellectual Property for any commercial purpose, or for any public display (commercial or non-commercial); share or transfer the Intellectual Property to another person or “mirror” the materials on any other server. If Client is also a business owner or professional in a similar industry, Client shall not misappropriate any of Company’s Intellectual Property and proprietary information in the following manner: Teaching Client’s clients/customers/audience any of the information, methods, solutions, or formulae owned by Company and passing it off as Client’s own; Copying any of Company’s Product content and/or material for Client’s commercial use; Copying, publishing, transmitting, transferring, selling, creating derivative works from, reproducing, or in any way exploiting any of the Intellectual Property owned by Company in either whole or part without prior written consent.