TRAILBLAZER CONSULTING, LLC, AND TRAILBLAZER LEARNING ACADEMY

TERMS OF USE AGREEMENT

THE AGREEMENT: This Course Agreement (hereinafter, “Agreement”) is made by and between TrailBlazer Consulting, LLC, hereinafter referred to as “Course Provider,” and you, further defined below, as a Participant in the Course, also defined below.

All parts and sub-parts of this Agreement are specifically incorporated by reference here. This Agreement shall govern the use of all pages and screens in and on the Course (all collectively referred to as “Course”) and any services provided by or on this Course Provider through the Course (“Services” and/or “Coaching”) and/or on the Course Provider’s website (“Website”).

Article 1 – DEFINITIONS

A) The Course, Module, Lesson, Coaching, Materials, Website, Learning Environment, Services, Materials, and Community referenced in this Agreement shall be defined as follows:

I) Course: Collective term describing Modules, Lessons, and Materials related to a named topic. Course may include one or more Modules and/or individual Lessons.

II Course Module: Collective term describing Lessons and Materials related to a named topic.

III) Lesson: Online presentation of narrated slides and interactive elements focused on a single topic. Lessons may be included in Course Modules and/or directly in Course.

IV) Services, Materials: Interactive forms, tip sheets, checklists, white papers, and other similar items related to Course and available for download or online use within the Learning Environment.

V) Coaching: Live video conference with subject matter experts. Coaching sessions will be recorded and available for download or online use within the Learning Environment.

VI) Community: Hosted forum(s) for posting, chat, and similar online social interactions related to Course and related topics.

VII) Website or Learning Environment: The platform providing access to Courses, Lessons, Materials, and Community forums.

B) The parties referenced in this Agreement shall be defined as follows:

I) Course Provider, us, we: Course Provider, as the creator, operator, coach, and publisher of the Course and related Website, Materials, and Learning Environment, is responsible for providing the Course to Participants. Course Provider, TrailBlazer Consulting, TrailBlazer Learning Academy, TrailBlazer Academy, TrailBlazer, Company, us, we, our, ours and other first-person pronouns will refer to the Course Provider, as well as, if applicable, all employees and affiliates of the Course Provider.

II) Participant, User, Member, Learner, you: Participant as a User of the Course and of the Website, Materials, and Learning Environment is responsible for participation and use of the Course, Website, Materials, and Learning Environment in accordance with the standards of this Agreement and with common business usage. Participant, User, Member, Learner, you, yours and other second person pronouns will refer to the Participant. Participant is identified by a unique Participant Identifier (Participant ID) which may not be shared or transferred to a different individual.

III) Parties: Collectively, the parties to this Agreement (Course Provider and Participant) will be referred to as Parties.

C) The Course details are as noted in the purchase receipt.

I) Course Start Date: The Course begins on completion of purchase and user registration or when a particular Lesson or other Course element becomes available (i.e., on publication).

II) Course End Date: N/A. Participants in good standing retain access to the Course as long as the Course is supported and available in the Learning Environment. Course Provider retains the right to remove Courses, Lessons, and other Course elements without notice.

Article 2 – ASSENT & ACCEPTANCE

By purchasing and participating in the Course, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. Course Provider agrees to provide the Course to you only if you assent to this Agreement.

In the event that purchase was made in error, Participant has 24 hours to inform Course Provider of the error and request a refund. No refunds are available more than 24 hours after purchase.

Article 3 – AGE RESTRICTION

You must be at least 18 (eighteen) years of age to use this Website, participate in the Course or access any Services or Materials within the Course, Website, or Learning Environment. By participating in the Course, you represent and warrant that you are at least 18 years of age and are able to agree legally to this Agreement. Course Provider assumes no responsibility or liability for any misrepresentation of your age.

Article 4 – LICENSE TO USE WEBSITE & ACCESS COURSE MATERIALS

We may provide you with certain information, Materials, or Services as a result of your accessing the Course through the Website. Such information may include, but is not limited to, documentation, data, or information developed by us and other materials which may assist in your participation in the Course. Subject to this Agreement, Course Provider grants Participant a nonexclusive, limited, non-transferable and revocable license to access Services and Materials solely in connection with your participation in the Course and your use of the Website. Use of Services and Materials is limited to the stated purpose: Participant learning and application of lessons learned for the benefit of the Participant organization. This license remains in effect as long as the Participant remains in good standing and the Course continues to be available.

Course content may be updated at any time at the discretion of the Course Owner.

Terms of this Agreement are subject to change at the discretion of the Course Owner.

Article 5 – COURSE TERMS

After purchasing the Course, the Participant may begin the Course as soon as it is available, as indicated on the Website when the purchase is made. Participant may continue to access Course Services and Materials as long as the Participant remains in good standing.

Course may be sold as individual Lessons, as Modules containing multiple Lessons, or as full Course containing multiple Modules and Lessons. These Terms of Use apply to Course, Modules, and Lessons regardless of purchase details.

At the completion of the Course, you will receive a certificate evidencing your participation in and completion of the Course.

The Course and its accompanying Materials may not be shared with any third party. If we suspect that the Course or Materials are being shared and/or that you have shared your log-in information with any party, we reserve the right to immediately terminate your access to the Course, in our sole and exclusive discretion.

We do not offer any promises or guarantees with regard to our Course or Course Materials. You hereby acknowledge and agree:

A) You are solely and exclusively responsible for the choices that you make with regard to the use of the Course or related Services and Materials, or any significant changes to your business or life;

B) You are solely and exclusively responsible for your own mental health, physical health, business decisions, and any other actions or inaction you choose to take;

C) We are not liable for any result or non-result or any consequences which may come about due to your participation in the Course;

D) This Course does not constitute a therapeutic relationship or a medical one. We do not provide therapy or medical services, and you are responsible for procuring these services at your own will and discretion if needed.

E) Coaching sessions are always recorded and your acceptance of these terms and conditions means you consent to being recorded.

Article 6 – INTELLECTUAL PROPERTY

You agree that the Course, Modules, Lessons, Services, Materials, Downloads, Website, Learning Environment, Coaching, Community, and any other related Course elements provided by the Course Provider are the property of the Course Provider, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (collectively, Company IP). You agree that the Company owns all rights, title, and interest in and to Company IP and that you will not use Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way not specifically outlined in the Course, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.

Article 7 – CONTENT YOU POST

Through your participation in the Course and your use of the Website, you may be permitted to post materials to the Course pages and other parts of the Website including the Community Forum(s) (collectively, User Contributions). You hereby grant Course Provider a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit, and make derivative works of User Contributions you post. The Course Provider claims no further proprietary rights in your User Contributions.

You also agree to comply with the “Acceptable Use” provision of this Agreement for all User Contributions that you post, including and especially to not violate the intellectual property rights of any third party through your User Contributions.

If you feel that any of your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of our users, please contact us immediately.

Article 8 – YOUR OBLIGATIONS

A) Account. To access and use the platform, you must subscribe to TrailBlazer Learning Academy and register for a TrailBlazer Learning Academy account. To complete Account registration, you must provide us with your full legal name, business address, phone number, and a valid email address (your Primary Email Address), and any other information requested. TrailBlazer may reject a subscription for an Account, cancel an existing Account, for any reason, at our sole discretion.

TrailBlazer may terminate your Account and delete any Content or other data contained in it if there has been no account activity (such as a log-in event) for over 12 months. However, we will attempt to warn you by email before terminating your Account to allow you to log in to your Account so that it remains active.

In a dispute regarding Account ownership, TrailBlazer reserves the right to request documentation to determine or confirm Account ownership. Documentation may include, without limitation, a scanned copy of government-issued photo ID, the last four digits of the credit card on file, etc. TrailBlazer returns the right to determine, in our sole judgement, rightful Account ownership and to transfer an Account to the rightful owner. If we cannot reasonably determine the rightful Account owner, we reserve the right to deactivate an Account until the dispute is resolved.

B) Registration. As a Participant in the Course, you will be asked to register with us. When you do so, you will choose a unique Participant ID and password. You may also be asked to provide personal information, including, but not limited to, your name. You are responsible for ensuring the accuracy of this information. Your unique Participant ID will enable you to participate in the Course. You must not share your Participant ID with any third party, and if you discover that your Participant ID has been compromised, you agree to notify us immediately. You are responsible for maintaining the safety and security of your Participant ID and password as well as keeping us apprised of any changes, compromises, or concerns.

C) Payment. You are required to provide accurate, complete, and valid payment and billing information to complete purchase of the Course and related Services and Materials. Payment and billing information may include, but is not limited to, credit card, billing address and other payment information. Providing false or inaccurate information or using the Course or the Website to further fraud or unlawful activity is grounds for immediate termination of this Agreement.

D) Obligations. Participants agree to comply with all terms and conditions outlined in this Agreement. Participants further agree to maintain common business practices including civility, respect of others’ viewpoints and intellectual property, and act without fraud or misrepresentation. Threats of violence, exposure, exploitation, and other similar statements or actions will not be tolerated and will result in suspension or termination of Participant access to Course and Website.

Article 9 – PAYMENT & FEES

Participants must pay the required fee, as noted on the Website and documented in the purchase receipt, to access Course, Services, Materials, Downloads, Website, and Community. All fees are non-refundable. Failure to complete payment may result in restriction or termination of access.

Course may be purchased as Lessons, Modules, or Full Course.

Payment plans are available for the payment of the Course Fees. Such payment plans are structured as follows:

Option 1: Pay in full.

Option 2: Divide into equal payments, billed monthly (select number of payments on Website at purchase).

  • Total purchase under $1000, eligible for two equal payments
  • Total purchase over $1000 and under $5000, eligible for three equal payments
  • Total purchase over $5000, eligible for up to 12 equal payments

Payment is required to access Course or Coaching.

Participants maintain access to the Website and Community after Course completion.

Article 10 – ACCEPTABLE USE

You agree not to use the Course or the Website for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Course or the Website in any way that could damage the Course, Website, Services, or general business of the Course Provider.

A) You further agree not to use the Course or the Website:

I) To harass, abuse, or threaten others or otherwise violate any person’s legal rights;

II) To violate any intellectual property rights of the Course Provider or any third party;

III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;

IV) To perpetrate any fraud;

V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;

VI) To publish or distribute any obscene or defamatory material;

VII) To publish or distribute any material that incites violence, hate, or discrimination toward any group;

VIII) To unlawfully gather or expose information about others.

Article 11 – AFFILIATE MARKETING & ADVERTISING

We may engage in affiliate marketing whereby we receive a commission on or percentage of the sale of goods or services on or through the Course and/or Website. We may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation. This disclosure is intended to comply with the U.S. Federal Trade Commission Rules on marketing and advertising, as well as any other legal requirements which may apply.

Article 12 – LIMITATION ON LIABILITY

The Course, Website, Services, Materials, and Coaching (collectively, the Course) are provided for informational purposes only. The Participant acknowledges and agrees that nothing in the Course, Website, Services, Materials, or Coaching is intended as legal advice, medical advice, or financial advice. Participation in the Course does not constitute or establish a fiduciary relationship between you and the Course Provider. You further agree that your participation in the Course is at your own risk. We do not assume responsibility or liability for any damage resulting to you or your organization from your application of the lessons, advice, or other information provided in the Course, Website, Services, Material, or Coaching; or from any actions you take or fail to take following your participation in the Course.

Article 13 – REVERSE ENGINEERING & SECURITY

You agree not to undertake any of the following actions:

A) Reverse engineer or attempt to reverse engineer or disassemble any code or software from or on the Course or Website;

B) Violate the security of the Course or Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.

Article 14 – DATA LOSS

TrailBlazer Consulting, LLC, and TrailBlazer Learning Academy leverage commercial platforms including Go DaddyTM and Kajabi®, to host parts of the Course, Services, Materials, Coaching, and Website. Backup and security of content is provided by these commercial platforms in accordance with standard terms and conditions and subject to internet and web-based commerce standards. Participant agrees that participation in the Course or use of the Website is at your own risk.

Article 15 – INDEMNIFICATION

You agree to defend and indemnify the Course Provider and any of our affiliates (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your participation in the Course, your use or misuse of the Website, your breach of this Agreement, or your conduct or actions. You agree that we shall be able to select our own legal counsel and may participate in our own defense, if we wish.

Article 16 – SPAM POLICY

You are strictly prohibited from using Course for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.

Article 17 – MODIFICATION & VARIATION

We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.

To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, you agree that the remainder of the Agreement remains in effect and that any prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent possible.

Article 18 – ENTIRE AGREEMENT

This Agreement constitutes the entire understanding between the Parties with respect to the Course. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral.

Article 19 – SERVICE INTERRUPTIONS

We may need to interrupt your access to the Course to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Course and/or Website may be affected by unanticipated or unscheduled downtime, for any reason, but that we shall have no liability for any damage or loss caused as a result of such downtime.

Article 20 – OFFERS AND DISCOUNTS

  1. Eligibility: From time to time the Course Provider may provide an offer, discount, or promotion. These items are open to all who are interested in the Course.
  2. Duration: The deadline is the deadline and cannot be extended.
  3. Limitations: Only one promotional item can be applied to a Lesson, Module, Course or other purchase. Offers, discounts, and promotions are not transferable.
  4. Modifications and Termination: The Course Provider has the right to change, cancel, or revoke an offer, discount, or promotion at any time.

Article 21 – CHARGEBACK PREVENTION

All payments are final, and you must contact the Course Provider directly about any disputes before initiating a chargeback. Refunds are not offered after the first 24 hours.

  1. Unauthorized chargebacks, those filed without prior communication, may result in account suspension and/or legal action.
  2. Chargebacks may incur additional fees, and repeated disputes could lead to termination of access.
  3. Please send an email to support@trailblazerlearningacademy.com before you initiate a chargeback.

Article 22 – TERMINATION & SUSPENSION

The Course Owner reserves the right to remove any Participant deemed unreasonable, disruptive, or in violation of these terms without refund.

Article 23 – THIRD-PARTY SERVICES

TrailBlazer Consulting, LLC, and TrailBlazer Learning Academy leverage commercial platforms including Go DaddyTM, Kajabi®, and WordPressTM to host parts of the Course, Services, Materials, Downloads, Coaching, and Website. Backup and security of content is provided by these commercial platforms in accordance with their standard terms and conditions and subject to internet and web-based commerce standards.

See Go DaddyTM Trust Center, Kajabi® Terms and Policies, and WordPressTM Terms of Use and WordPressTM (Automattic) Privacy Policy for more information.

Article 24 – NON-COMPETE CLAUSE

TrailBlazer Consulting, LLC, owns all rights, title, and interest in and to the Course, Services, Materials, Coaching, Website, Learning Environment, (collectively, Company IP) and that you will not use Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute Company IP in any way not specifically outlined in the Course, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.

Specifically, Participant is prohibited from:

  • Copying Course content, Services, Materials, or other Course elements;
  • Recreating or repurposing Course content;
  • Using unique methods and strategies contained in the Course content for purposes other than the stated purpose: Participant learning and application of lessons learned to Participant organization; or
  • Using Course content for commercial purposes.

Article 25 – GENERAL PROVISIONS

A) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.

B) JURISDICTION, VENUE & CHOICE OF LAW: Through your participation in the Course and your use of the Website, you agree that the laws of the State of Delaware shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between you, the organization you belong to, and us, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: New Castle. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.

C) ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the following county: New Castle in the State of Delaware. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the following state: Delaware. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by us will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.

D) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by Course Provider, the rights and liabilities of Course Provider will bind and inure to any assignees, administrators, successors, and executors.

E) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.

F) NO WAIVER: In the event that we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.

G) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.

H) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.

I) FORCE MAJEURE: We are not liable for any failure to perform due to causes beyond our reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.

J) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email us at the following address: info@trailblazerlearningacademy.com.