TERMS OF SERVICE
By accessing the Bookkeeping Course for Stay-at-Home Parents (“Program”) from The Stay-at-Home
Bookkeeper Academy (“Company,” “we,” or “us”), you and the Company agree to the following Terms of Service (“Terms of Service”), without modification, and you acknowledge reading them:
ACCESS TO PROGRAM
The Program includes, but is not limited to, course content, written content, recorded video, and audio
content, live, and pre-recorded calls, and discussions in Program related in-person, telephonic, videoconference, and/or online discussions or forums (collectively, “Materials”).
The Program and Materials may only be accessed by you - the customer on record with the Company.
You agree that the Program and Materials, including any usernames or passwords, may only be used by
you as permitted herein and may not be sold or distributed without the Company’s express written
Your access to the Program may be revoked for failure to abide by these Terms of Service or for failure to make timely and full payments to the Company for your purchase of the Program.
In order to use the Program, you may be required to provide information about yourself including your
name, email address, username and password and other personal information. You agree that any registration information you provide will always be accurate, correct and up to date.
OUR INTELLECTUAL PROPERTY
You agree that the Program and Materials contain non-public proprietary information that is owned by, and valuable to, the Company and is protected by copyright, trademark, and other applicable intellectual property laws. You agree not to use the Program or Materials in a manner that constitutes an infringement of the Company’s rights or that has not been authorized by the Company. Any use of the Company’s Program or Materials other than what is permitted herein is strictly prohibited and infringes on the intellectual property rights of the Company and may subject you to civil and criminal penalties, including possible monetary damages and injunctive relief, for infringement on the Company’s intellectual property rights.
Company grants you a limited, personal, non-exclusive, non-transferable license to access the Program
and Materials for your own personal and non-commercial use. Except as otherwise provided, you
acknowledge and agree that you have no right to modify, edit, copy, sell, distribute, duplicate, lease,
reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the
Program or Materials in any manner or medium (including by email or other electronic means). You shall
not remove any copyright notice or author designation from any part of the Program and Materials.
PAYMENT FOR PROGRAM
You agree to make timely and full payments to the Company for the Program (regardless of whether you
selected to pay for the Program in full or with a payment plan). The full amount for the Program is due to the Company even if you choose not to complete the Program.
You authorize Company to automatically charge the credit card on file for any and all Program balances
owed and you agree to keep this information current and up to date with the Company. If any payment is insufficient or declined for any reason, Company may revoke your access to the Program, without refund.
Refunds for the Program are not available. You agree to make timely and full payments to the Company
for the Program even if you choose not to complete the Program. You authorize Company to automatically charge the credit card on file for any and all Program balances owed, and you agree to keep this information current and up to date with the Company.
Email support for the Program will be available at [email protected]
while the Program is in session.
You agree that the Company has the right to use your feedback whether in the form of emails, surveys,
comments, discussions in Program related forums, coaching calls, or otherwise, for the purposes of
marketing or promoting the Program.
You agree that the Company may use any images, audio recordings or video recordings of you obtained
while enrolled in the Program. You waive any right to payment, royalties, or any other consideration for the use of such images, audio recordings or video recordings. You waive the right to inspect or approve the finished product, including written or electronic copy, wherein your likeness appears. The Company is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which you, your heirs, representatives, your estates have or may have by reason of this authorization.
You understand that given the group format of this Program, information provided or shared with the
Company or other participants, whether in the form of comments, discussions in Program related forums, coaching and videoconferencing calls, webcasts, or otherwise are not confidential.
To access or use the Program, you must be at least eighteen (18) years old and have the requisite power
and authority to enter into these Terms of Service. You may use the Program for lawful and legitimate
purposes only. You agree to be financially responsible for all purchases made by you. You shall not post
or transmit through the Program any material which violates or infringes the rights of others, or which is
threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
REFUSAL OF SERVICE
We reserve the right to refuse access to the Program to any person or entity, without the obligation to
assign reason for doing so. We may at any time change or discontinue any aspect or feature of the
Program, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
SUSPENSION AND TERMINATION
You agree that we may, in our sole discretion and without notice, refund, or liability to you, restrict, suspend, or terminate your access to the Program and Materials if we believe you are violating, or have violated, these Terms of Service or applicable law.
ERRORS, INACCURACIES, AND OMISSIONS
Information provided about or in the Program or Materials is subject to change. Company makes no
representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current, or error-free. Company disclaims all liability for any inaccuracy, error or incompleteness in the Program or Materials.
RELATIONSHIP OF THE PARTIES
You agree that Company is acting as an independent contractor and that no partnership or joint venture is created between us.
The Company gives no warranties with respect to any aspect of the Program or any materials related
thereto or offered in connection with the Program and, to the fullest extent possible under the laws
governing this Agreement, disclaims all implied warranties, including but not limited to warranties of
fitness for a particular purpose, accuracy, timeliness, and merchant ability. By purchasing the Program,
you accept, agree, and understand that you are fully responsible for your progress and results from your
participation and that we offer no representations, warranties, or guarantees verbally or in writing
regarding your future earnings, business profit, marketing performance, audience growth, or results of
any kind. The Company does not guarantee that you will get any results using any of our ideas, tools,
strategies or recommendations, and nothing in our Program is a promise or guarantee to you of such
THIRD PARTY RESOURCES
The Program or Materials may contain links to third party websites and resources. You acknowledge and
agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party
websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Company. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS) ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE TRANSACTIONS IT CONTEMPLATES (WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR OTHER FORM OF ACTION) AND IRRESPECTIVE OF WHETHER THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE. IN NO EVENT WILL THE COMPANY’S LIABILITY EXCEED THE PRICE THE CUSTOMER ACTUALLY PAID TO THE COMPANY FOR THE PROGRAM.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements,
liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action,
including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms of
Service, or any use by you of the Program. You shall provide us with such assistance, without charge, as
we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.
The Terms of Service shall be governed by the laws of the State of California.
Any and all controversies, claims, or disputes concerning or arising out of the Terms of Service, concerning the Company, and/or concerning or arising out of your use of the Materials and/or Program shall be submitted to binding arbitration in the County of San Diego, California, before one arbitrator. The arbitration shall be administered by JAMS pursuant to the JAMS Streamlined Arbitration Rules and Procedures. The award rendered by the arbitrator shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof.
RECOVERY OF LITIGATION EXPENSES
If any legal action, arbitration, or other proceeding is brought for the enforcement of the Terms of Service, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of the Terms of Service, the prevailing party or parties shall be entitled to recover their actually incurred attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
ENTIRE AGREEMENT; WAIVER
The Terms of Service constitutes the entire agreement between you and the Company pertaining to the
Program and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of the Terms of Service by Company shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Company.
We reserve the right to update our Terms of Service at any time. Such amendments are effective
immediately by us posting the new Terms of Service on this Program website at tiffanihiggins.teachable.com.
Any use of the Program by you after an amendment is made means you accept these amendments.
EFFECT OF HEADINGS
The subject headings of the paragraphs of the Terms of Service are included for convenience only and
shall not affect the construction or interpretation of any of its provisions.
If any term, provision, covenant, or condition of the Terms of Service is held by an arbitrator or court of
competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms of Service shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
Nothing in these Terms of Service, express or implied, will confer upon any person or entity not a party to these Terms of Service, or the legal representatives of such person or entity, any rights, remedies,
obligations, or liabilities of any nature or kind whatsoever under or by reason of these Terms of Service,
except as expressly provided herein.
Effective Date: 10/17/2020