Terms & Conditions
Terms Of Participation
Please READ carefully. By purchasing this product, the following Terms and Conditions are entered into by BRKTHRU Group (“Company”, “we”, or “us”) and You (“Client” or “You”) agree to the follow terms stated herein.
Workshop/Service
BRKTHRU Group (herein referred to as “BRKTHRU Group” or “Company”) agrees to provide workshops (herein referred to as “Workshop”) identified in online commerce shopping cart. As a condition of participating in the Workshop, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.
Disclaimer
The Company’s Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in the Workshops.
Our Cancellation Policy
We do everything we can to put you first when it comes to our products. However, we account for every seat taken in each session in order to provide everyone the best experience. Here is our cancellation policy:
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Two weeks prior to the scheduled session: full refund or transfer scheduled workshop date to a different workshop date.
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One week prior to the scheduled session: 50% refund or transfer scheduled workshop date to a different workshop date.
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Less than one week prior to the scheduled session: no refund (we will always do our best to transfer you to a different scheduled session up to one time).
Once you attend our workshop, there are no refunds. (FYI: we have never been asked for a refund and are pretty happy about that!).
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 you have any questions or problems, please let us know by contacting our support team directly. The support desk can be reached at: booking@brkthrugroup.com
Confidentiality
The Company respects the privacy of its clients and will not disclose any information You provide except as set forth in this Agreement. As a condition of participating in the Workshops, you hereby agree to respect the privacy of other Workshop participants and to respect the Company’s confidential information.
Specifically, you shall not share any information provided by other Workshop participants outside of the bounds of the Workshop unless you receive express written permission from such other participant to share the information. Similarly, the content of the Workshop contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Workshop with anyone other than the Company, it’s owners and employees, and other Workshop participants.
No Transfer Of Intellectual Property
All content included as part of the Workshop, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Workshop, 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 Workshop are the trademarks of their respective owners.
Your participation in the Workshop does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Workshop, 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 Workshop 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 Workshop.
The Company content is not for resale. Your participation in the Workshop 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 Workshop will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.
Client Responsibility
The Company respects the privacy of its clients and will not disclose any information You provide except as set forth in this Agreement. As a condition of participating in the Workshop, you hereby agree to respect the privacy of other Workshop participants and to respect the Company’s confidential information.
Specifically, you shall not share any information provided by other Workshop participants outside of the bounds of the Workshop unless you receive express written permission from such other participant to share the information. Similarly, the content of the Workshop contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Workshop with anyone other than the Company, it’s owners and employees, and other Workshop participants.
Independent Contractor Status
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Client with access to the Workshop, which provides education and information. The information contained in the Workshop, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.
Force Majeure
The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Severability/Waiver
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
Miscellaneous
You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Workshop and/or any information and resources contained in the Workshop. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Workshop.
The information, software, products, and service included or available through the Workshop may include inaccuracies or typographical errors. Changes are periodically added to the information in the Workshop. The Company and/or its suppliers may make improvements and/or changes in the Workshop at any time.
The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Workshop for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Workshop, with the delay or inability to use the Workshop or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Workshop, or otherwise arising out of the use of the Workshop, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the Workshop or any portion of it, your sole and exclusive remedy is to discontinue using the Workshop. for errors or omissions that may appear in any of the Workshop materials.
Assignment
Client may not assign this Agreement without express written consent of Company.
Modification
Company may modify terms of this agreement at any time. All modifications shall be posted on the BRKTHRU Group’s website and purchasers shall be notified.
Termination
The Company reserves the right, in its sole discretion, to terminate your access to the Workshop and the related services or any portion thereof at any time, if You become disruptive to the Company or other Workshop participants, if You fail to follow the Workshop guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.
Indemnification
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Workshop and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
Resolution Of Disputes
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Workshop. To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only in the state or federal courts that are geographically nearest to Carlsbad, CA.
Equitable Relief
In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.
© BRKTHRU Group
Last updated: July 30, 2023