Terms & Conditions

Terms & Conditions

1. INTRODUCTION

1.1. Purpose

Our web platform is designed to allow clients to easily access and take their Bright Ideas Small Business Academy courses – even without being tech-savvy. We provide our clients with information to help them improve their business ownership skills, and become better entrepreneurs via our services (collectively – “Bright Ideas Small Business Academy Course(s)”).

1.2. Legal Agreement

These Bright Ideas Small Business Academy Terms of Use (“Terms of Use”), together with our Privacy Policy available at http://www.studysmallbusiness.com/privacy-policy/ (“Privacy Policy”), and such additional terms which specifically apply to some of our services and features as presented on the Bright Ideas Small Business Academy website(s) (“Bright Ideas Small Business Academy Website”, and collectively – the “Bright Ideas Small Business Academy Terms”), all set forth the entire terms and conditions applicable to each visitor or user (“User” our “you”) of the Bright Ideas Small Business Academy Website and/or any other services, applications and features offered by us with respect thereto, except where we explicitly state otherwise (collectively – the “Bright Ideas Small Business Academy Services” or “Services”).

The Bright Ideas Small Business Academy Terms constitute a binding and enforceable legal contract between Bright Ideas Small Business Solutions, LLC and its affiliated companies and subsidiaries worldwide (“Bright Ideas Small Business Academy”, “us” or “we”) and you – so please read them carefully.

You may visit and/or use the Bright Ideas Small Business Academy Services only if you fully agree to the Bright Ideas Small Business Academy Terms – and by using and/or registering to any of the Bright Ideas Small Business Academy Services, you signify and affirm your informed consent to these Terms of Use and any other Bright Ideas Small Business Academy Terms applicable to your use of any Bright Ideas Small Business Academy Services. If you do not read, fully understand and agree to the Bright Ideas Small Business Academy Terms, you must immediately leave the Bright Ideas Small Business Academy Website and avoid or discontinue all use of the Bright Ideas Small Business Academy Services.

1.3. User Agreement

In order to access and use certain sections and features of the Bright Ideas Small Business Academy Services, you must be a client and have signed a Service Agreement.

We strongly encourage you to keep the login credentials of your User Account confidential – as you will be solely and fully responsible for all activities that occur under your User Account and/or User Websites (including for any representations, warranties and undertakings made therein), whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities. Additionally, any purposeful sharing of logins or course videos, and downloading course materials or videos with or for anyone other than the legal User is expressly forbidden, and the User can and will be prosecuted for any and all misuse.

You must provide accurate and complete information when registering your User Account and using the Bright Ideas Small Business Academy Services, to which you are the sole and exclusive rightsholder. We strongly encourage you to provide your own (or your company’s) contact and billing details, including your valid e-mail address, as we may use it to identify and determine the actual and true owner of the User Account.

We reserve the right to determine and/or grant ownership to a User Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve the right to avoid doing so, without liability to you or to any other party.


2. YOUR OBLIGATIONS

2.1. You represent and warrant that:
  1. you are at least eighteen (18) years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into the Bright Ideas Small Business Academy Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the Bright Ideas Small Business Academy Terms;
  2. you are not a resident of (or will use the Bright Ideas Small Business Academy Services in) a country that the U.S. government has embargoed for use of the Bright Ideas Small Business Academy Services, nor are you named on the U.S. Treasury Department’s list of Specially Designated Nationals or any other applicable trade sanctioning regulations;
  3. your country of residence and/or your company’s country of incorporation is the same as the country specified in the contact and/or billing address you provide us;
    you understand that Bright Ideas Small Business Academy does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use, or your compliance therewith.
2.2. You undertake and agree to:
  1. fully comply with all applicable laws and any other contractual terms which govern your use of the Bright Ideas Small Business Academy Services (and any related interaction or transaction);
  2. be solely responsible and liable with respect to any of the uses of the Bright Ideas Small Business Academy Services which occur under your User Account;
  3. receive from time to time promotional messages and materials from Bright Ideas Small Business Academy or its partners, by mail, e-mail or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please just notify us at any time

Bright Ideas Small Business Academy’s sole discretion as to the means, manner, and method for performing the Bright Ideas Small Business Academy Services.

2.3. You undertake and agree not to:
  1. copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, translate, compile, or decompile the Bright Ideas Small Business Academy Website, the Bright Ideas Small Business Academy Services (or any part thereof), any Content offered by Bright Ideas Small Business Academy or Third Party Services for use and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without Bright Ideas Small Business Academy’s prior written and specific consent and/or as expressly permitted under the Bright Ideas Small Business Academy Terms;
  2. submit, transmit or display any User Content, or use Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of Bright Ideas Small Business Academy or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;
  3. publish and/or make any use of the Bright Ideas Small Business Academy Services on any website, media, network or system other than those provided by Bright Ideas Small Business Academy, and/or frame, “deep link”, “page scrape”, mirror and/or create a browser or border environment around any of the Bright Ideas Small Business Academy Services, Licensed Content and/or User Website (or any part thereof), except as expressly permitted by Bright Ideas Small Business Academy, in advance and in writing;
  4. use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Bright Ideas Small Business Academy Services (or its data), or in any way reproduce or circumvent the navigational structure or presentation of any of the Bright Ideas Small Business Academy Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the Bright Ideas Small Business Academy Services;
    act in a manner which might be perceived as damaging to Bright Ideas Small Business Academy’s reputation and goodwill or which may bring Bright Ideas Small Business Academy into disrepute or harm;
  5. impersonate any person or entity or provide false information on the Bright Ideas Small Business Academy Services and/or User Website, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to Bright Ideas Small Business Academy;
  6. falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that Bright Ideas Small Business Academy or any third party endorses you, your business, or any statement you make;
  7. reverse look-up, trace, or seek to trace another User of Bright Ideas Small Business Academy Services, or otherwise interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Bright Ideas Small Business Academy Services and/or User Website without their express and informed consent;
  8. disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the Bright Ideas Small Business Academy Services, User Website, the account of another User(s), or any other systems or networks connected to the Bright Ideas Small Business Academy Services, by hacking, password mining, or other illegitimate or prohibited means;
  9. probe, scan, or test the vulnerability of the Bright Ideas Small Business Academy Services or any network connected to the Bright Ideas Small Business Academy Services;
  10. upload to the Bright Ideas Small Business Academy Services or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
  11. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Bright Ideas Small Business Academy Services or Bright Ideas Small Business Academy’s systems or networks connected to the Bright Ideas Small Business Academy Services, or otherwise interfere with or disrupt the operation of any of the Bright Ideas Small Business Academy Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
  12. use any of the Bright Ideas Small Business Academy Services in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising;
  13. sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or Bright Ideas Small Business Academy Services, except as expressly permitted by the Bright Ideas Small Business Academy Terms;
  14. remove or alter any copyright notices, watermarks, trademarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the Bright Ideas Small Business Academy Services and/or Licensed Content; or
  15. violate, attempt to violate, or otherwise fail to comply with any of the Bright Ideas Small Business Academy Terms or any laws or requirements applicable to your use of the Bright Ideas Small Business Academy Services.
    You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.

3. CONTENT & OWNERSHIP

3.1. Bright Ideas Small Business Academy’s Intellectual Property

All rights, title and interest in and to the Bright Ideas Small Business Academy Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, the “look and feel” of the Bright Ideas Small Business Academy Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to Bright Ideas Small Business Academy.

Subject to your full compliance with the Bright Ideas Small Business Academy Terms and timely payment of all applicable Fees, Bright Ideas Small Business Academy hereby grants you, upon signing a Service Agreement and for as long as Bright Ideas Small Business Academy wishes to provide you with the Bright Ideas Small Business Academy Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the Bright Ideas Small Business Academy Services and Licensed Content, for the purpose of using the provided User Products and services therein, solely as expressly permitted under the Bright Ideas Small Business Academy Terms, and solely within the Bright Ideas Small Business Academy Services.

The Bright Ideas Small Business Academy Terms do not convey any right or interest in or to Bright Ideas Small Business Academy’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the Bright Ideas Small Business Academy Terms constitutes an assignment or waiver of Bright Ideas Small Business Academy’s Intellectual Property rights under any law.

3.2. Feedback & Suggestions

If you provide us with any suggestions, comments or other feedback relating to the Bright Ideas Small Business Academy Services (whether existing, suggested or contemplated), which is or may be subject to any Intellectual Property rights (“Feedback”), such Feedback shall be exclusively owned by Bright Ideas Small Business Academy. By providing such Feedback to Bright Ideas Small Business Academy, you (1) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third party rights; (2) irrevocably assign to Bright Ideas Small Business Academy any right, title and interest you may have in such Feedback, (3) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback.


4. PRIVACY

Certain parts of the Bright Ideas Small Business Academy Services (including certain Third Party Services available therein, as further explained in Section 8 below) require or involve the submission, collection and/or use of certain personally identifying or identifiable information. In particular and as a part of accessing or using the Bright Ideas Small Business Academy Services, Bright Ideas Small Business Academy and such Third Party Services may collect, access and use certain data pertaining to Users, including the activities or navigation undertaken by Users through the Bright Ideas Small Business Academy Services and/or User Websites. We encourage you to read our Privacy Policy and each such Third Party Services’ relevant policies on a regular basis, for a description of such data collection and use practices.


5. SERVICE FEES

5.1. Paid Services

The use of certain Bright Ideas Small Business Academy Services may be subject to payment of particular fees, as determined by Bright Ideas Small Business Academy in its sole discretion (“Paid Services” and “Fee(s)”, respectively). Bright Ideas Small Business Academy will provide notice of such Fees then in effect in relation to such Paid Services. If you wish to receive or use such Paid Services, you are required to pay all applicable Fees in advance.

Bright Ideas Small Business Academy reserves the right to change its Fees at any time, upon notice to you if such change may affect your existing subscriptions. If you received a discount or other promotional offer, Bright Ideas Small Business Academy shall have the right to automatically and without notice renew your subscription to such Bright Ideas Small Business Academy Service(s) at the full applicable Fee.

All Fees shall be deemed to be in U.S. Dollars, except as specifically stated otherwise in writing by Bright Ideas Small Business Academy. To the extent permitted by law (and unless specified otherwise by Bright Ideas Small Business Academy in writing), all Fees are exclusive of all taxes (including value added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities (“Taxes”), and you shall be responsible for payment of all applicable Taxes relating to your use of the Bright Ideas Small Business Academy Services, or to any payments or purchases made by you. If Bright Ideas Small Business Academy is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction.

As part of registering or submitting information to receive Paid Services, you also authorize Bright Ideas Small Business Academy (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries Bright Ideas Small Business Academy or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).

5.2. Invoices

Bright Ideas Small Business Academy and/or its affiliated companies will issue an invoice or credit memo for any payment of Fees or refund made to or by Bright Ideas Small Business Academy (“Invoice”). Each Invoice will be issued in electronic form and based on the country stated in your billing address, and will be made available to you via your User Account and/or by e-mail. For the purpose of issuing the Invoice, you may be required to furnish certain Personal Information (as such term is defined in the Privacy Policy) in order to comply with local laws. Please note that the Invoice presented in your User Account may be inadequate with your local law requirements, and in such case may be used for pro forma purposes only.

5.3. Subscription Renewals

In order to ensure that you do not experience any interruption or loss of services due to the lapse of any particular subscription period, the Bright Ideas Small Business Academy Services operate with automatic renewal, on a recurring-fees basis (except where explicitly stated otherwise by Bright Ideas Small Business Academy in writing). Accordingly, where applicable, Bright Ideas Small Business Academy will attempt to automatically renew the applicable Bright Ideas Small Business Academy Service(s) for a renewal period equal in time to the original subscription period for such Service, and automatically charge you the applicable Fees using the payment method you have on file with Bright Ideas Small Business Academy.

For example, if the original subscription period for a Service is one month, each of its renewal periods (where applicable) will be for one month. Therefore, unless you cancel the applicable Bright Ideas Small Business Academy Service(s), Bright Ideas Small Business Academy will automatically renew such Service when it comes up for renewal, and charge you the applicable recurring Fees. In order to avoid any interruptions or loss of services due to failure to process renewal charges prior to the expiration of the subscription period then in effect, we reserve our right (but shall not be obligated) to charge for the upcoming renewal period up to two (2) weeks before such renewal period actually commences. In the event of failure to collect the Fees owed by you, we may in our sole discretion (but shall not be obligated to) retry to collect on a later time, and/or suspend or cancel your User Account, without further notice.

For information about cancelling your Paid Services, please see Section 6.1 below.

Notwithstanding anything to the contrary in the foregoing, you are and shall be solely responsible to verify and ensure the successful renewal of the Bright Ideas Small Business Academy Services you use (whether or not such Bright Ideas Small Business Academy Services are subject to automatic subscription renewals). Accordingly, you shall be solely responsible with respect to any discontinuation of any Bright Ideas Small Business Academy Services previously purchased by you, including due to a cancellation, failure to charge the applicable recurring Fees, or due to any Bright Ideas Small Business Academy Services not being subject to automatic subscription renewals. You acknowledge and agree that you shall not have any claims against Bright Ideas Small Business Academy in relation to the discontinuation of any Bright Ideas Small Business Academy Services or Third Party Services, for whatever reason.

5.4. Chargebacks

If, at any time, you contact your bank or credit card company and decline, chargeback or otherwise reject the charge of any payable Fees (“Chargeback”), this act will be considered a breach of your payment obligations hereunder, and your use of the Bright Ideas Small Business Academy Services may be automatically terminated.

In the event a Chargeback is performed, your User Account may be blocked without the option to re-purchase or re-use it, and any data contained in such User Account, including any domains, applications and Third Party Services may be subject to cancellation and Capacity Loss (as defined in Section 6.3 below).

Your use of the Bright Ideas Small Business Academy Services will not resume until you re-subscribe for any such Bright Ideas Small Business Academy Services, and pay any applicable Fees in full, including any fees and expenses incurred by Bright Ideas Small Business Academy and/or any Third Party Services for each Chargeback received (including Fees for Bright Ideas Small Business Academy Services provided prior to the Chargeback, handling and processing charges and fees incurred by the payment processor).

If you have any questions or concerns regarding a payment made to Bright Ideas Small Business Academy, we encourage you to first contact our Customer Support team before filing a Chargeback or reversal of payment, in order to prevent the Bright Ideas Small Business Academy Services from being cancelled and your User Account being blocked, and to avoid the filing of an unwarranted or erroneous Chargeback, which may result in your being liable for its applicable Fees, in addition to re-payment of all the Fees applicable to the Bright Ideas Small Business Academy Services purchased (and charged-back) by you.

We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the User responsible for such Chargeback did in fact authorize the transaction and make use of the services rendered thereafter.


6. CANCELLATION

6.1. Cancellation by User

You may discontinue to use and request to cancel your User Account and/or any Bright Ideas Small Business Academy Services at any time, in accordance with the instructions available on the Bright Ideas Small Business Academy Services. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process on the Bright Ideas Small Business Academy Services, and the effective date for cancellation of Paid Services shall be at the end of such Paid Services’ subscription period.

Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to Paid Services, such subscription will be discontinued only upon the expiration of the respective period for which you have already made payment. Please note that as the cancellation process may take a few days, in order to avoid the next automatic renewal and respective charge the cancellation request should be made at least fourteen (14) days prior to the expiration of the then-current service period.

6.2. Cancellation by Bright Ideas Small Business Academy

Failure to comply with any of the Bright Ideas Small Business Academy Terms and/or to pay any due Fee shall entitle Bright Ideas Small Business Academy to suspend (until full payment is made) or cancel your User Account and User Website (or certain features thereof), as well as the provision of any related Bright Ideas Small Business Academy Services (e.g., Paid Services) or Third Party Services to you.

6.3. Loss of Data, Content & Capacity

If your User Account or any Bright Ideas Small Business Academy Services or Third Party Services related to your User Account are cancelled (whether at your request or at Bright Ideas Small Business Academy’s discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content (“Capacity Loss”). Bright Ideas Small Business Academy shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account or User Content. Please also note that additional Fees may apply to re-activation of a User Account and/or any Bright Ideas Small Business Academy Services following their cancellation, as determined by Bright Ideas Small Business Academy in its sole discretion.

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