TERMS OF PURCHASE
Please READ carefully. By purchasing this digital product, the following Terms and Conditions are entered into by April Callis Birchmeier, Springboard Consulting. ("Company”, “we", or “us”) and You (“Client” or "You") agree to the follow terms
April Callis Birchmeier, Springboard Consulting. (herein referred to as "April Callis Birchmeier, Springboard Consulting.” or "Company”) agrees to provide Product,
"READY, Set, CCMP™ Exam Simulator” (herein referred to as "Product") identified in online commerce shopping cart. As a condition of purchasing the Product, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.
As part of the Program, the Company shall provide the following to Client:
A Password Protected Product Area: The Company shall maintain a Product Area that will include video, audio and written lessons, games, quizzes and other training and support information. You shall have access to this Product Area for as long as the Product Area exists, however no less than 360 days. In the event that Company intends to close the Product Area, it shall provide clients with a 30 day notice.
In consideration of Your access to the Product, you agree to pay for the product (due immediately). In the event the payment is not made, the Company shall immediately suspend your access to the Product.
Due to the nature of this instant digital product the Product is not returnable, under any circumstances. All sales are final and all payments are non-refundable.
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 purchasing in the Product, you hereby agree to respect the
Company’s confidential information.
The content of the Product contains the Company’s proprietary methods, processes, forms, and other information. You hereby agree not to share the information provided to You in the Product with anyone other than the Company.
NO TRANSFER OF INTELLECTUAL PROPERTY
All content included as part of the Product, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Program, 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 Program are the trademarks of their respective owners.
Your purchase of the Product does not result in a transfer of any intellectual property to You, and, as a condition of purchasing the Product, 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 Product 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 Product.
The Company content is not for resale. Your purchase of the Product 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 Product will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.
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 Product, with the delay or inability to use the Product or
related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Product, or otherwise arising out of the use of the Product, 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 Product or any portion of it, your sole and exclusive remedy is to discontinue using the Product.
The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client's associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit, speak,
write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees,
agents or representatives.
Client may not assign this Agreement without express written consent of Company.
Company may modify terms of this agreement at any time. All modifications shall be posted on the April Callis Birchmeier, Springboard Consulting website and purchasers shall be notified.
The Company reserves the right, in its sole discretion, to terminate your access to the Product and the related services or any portion thereof at any time, if You become disruptive to the Company, if You fail to follow the Product 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.
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 Product 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 Product. 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 Lansing, Michigan.
Every effort has been made to accurately represent this product and its potential.
This site and the products offered on this site are not associated, affiliated, endorsed, or sponsored by Facebook, nor have they been reviewed tested or certified by Facebook.
All content in the Product is property of April Callis Birchmeier, Springboard Consulting. and/or our affiliates or licensors, and is protected by copyright, trademark, and other intellectual property laws. You may use the Product for your own personal use only. You may not republish, reproduce, duplicate, copy, sell, display, distribute to friends,
family, or any other third party, or use any material from the Product for commercial purposes, or in any way that earns you or any third party money (other than by applying it generally in your own business). Any unauthorized use of any the Product materials will constitute infringement of our rights.
The Product provides information and education only, and does not provide any financial, legal, medical or psychological services or advice.
Your level of success in attaining the results claimed in our materials depends on the
time you devote to the strategies, ideas, and techniques mentioned, your knowledge, and various skills. Since these factors differ according to individuals, we cannot guarantee your success. Nor are we responsible for any of your actions.
OUR MINIMUM GUARANTEES
If you do not understand or agree with any of these conditions, please do not order this material.
© April Callis Birchmeier, Springboard Consulting.
Last Updated: October 24, 2021