Brand, Style & Bloom Style Wellness™ Community
Terms of Use
Last Updated: September 14, 2020
Welcome, and thank you for your interest in Brand, Style & Bloom Style Wellness™ Community (“Company,” “we,” “our,” or “us”) and our website at https://brand-style-bloom-style-wellness-community.teachable.com/, along with our related websites, program and content (collectively, the “School”). This Terms of Use is a legally binding contract between you and the Company regarding your use of the School. “Student” or “you” refers to any students who enters or is enrolled in the Company’s School through the Teachable Platform (“Teachable”) (link here: https://teachable.com/).
PLEASE READ THE FOLLOWING TERMS CAREFULLY .
BY BROWSING OR OTHERWISE ACCESSING OR USING THE SCHOOL, YOU AGREE THAT you have read and understood and as a condition to your use of the School, you agree to be bound by: (1) the following term and conditions, including the Company’s Privacy Policy (together, these “Terms”), and (2) all applicable laws and regulations. If you do not agree to these Terms, then you do not have our permission to use the School and you are prohibited from using or accessing this School. Your use of the School and the Company’s provision of the School to you constitute an agreement by Company and by you to be bound by these Terms.
1. Overview. When you think of wellness, you might think of the food we eat or how much exercise you get. Well, Elizabeth Danielle Lewis, founder of Brand, Style & Bloom and the creator of Style Wellness™, can tell you that what you wear can be a form of wellness, too. According to the study of “enclothed cognition,” clothing has the power to “affect our mental processes and the way we think, feel and function.” Inspired by this concept, the Brand, Style & Bloom Style Wellness™ Community is packed with expert advice, tools, and resources dedicated to helping you develop a style that helps you to feel happier, healthier, and more confident in yourself and your future.
2. Access & Use. As Students of this School you have already agreed to the Teachable Terms of Service (available here: https://teachable.com/terms-of-use) (“Teachable’s Terms”). Teachable’s Terms are incorporated by this reference into, and made a part of, these Terms. To the extent that any of Teachable’s Terms conflict with these Terms, the provisions contained in these Terms will control.
3. Licenses
3.1 Limited License. Subject to your complete and ongoing compliance with these Terms, Company grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the School and its Materials.
3.2 Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the School or the Materials (“Feedback”), then you hereby grant Company an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the School and create other products and services.
3.3 License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the School and its Materials; (b) make modifications to the School or its Materials; or (c) remove any copyright or other proprietary notations from the School or its Materials; (d) transfer the School or its Materials to another person or 'mirror' the School or its Materials on any other platform or server; or (e) interfere with or circumvent any feature of the School, including any security or access control mechanism. If you are prohibited under applicable law from using the School or its Materials, you may not use it.
3.4 Termination of License Rights. The limited license granted to you in Section 3.1 will terminate if:
i. you attempt to violate or violate any of the license restrictions provided in Section 3.3;
ii. you attempt to do or do any of the acts listed in the prohibited conduct Section 5; or
iii. upon the Company's discretion at any time.
Upon termination of these Terms or of the license granted in Section 3.1, you must destroy any downloaded School and/or Materials in your possession whether in electronic or printed format.
4. Ownership; Proprietary Rights. The School is owned and operated by Company. The visual interfaces, graphics, design, compilation, information, data, products, services, and all other elements of the School (“Materials”) provided by Company are protected by intellectual property and other laws. All Materials included in the School are the property of Company or its third party licensors. Except as expressly authorized by Company, you may not make use of the Materials. Company reserves all rights to the Materials not granted expressly in these Terms.
5. Prohibited Conduct. BY USING THE SCHOOL AND ITS MATERIALS YOU AGREE NOT TO:
a. use the School or Materials for any illegal purpose or in violation of any local, state, national, or international law;
b. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
c. interfere with security-related features of the School, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the School except to the extent that the activity is expressly permitted by applicable law;
d. interfere with the operation of the School or any user’s enjoyment of the School, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the School; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the School;
e. attempt to do any of the acts described in this Section 5 or assist or permit any person in engaging in any of the acts described in this Section 5.
6. User Content, Student Interactions and License.
User Content and Interactions. Certain features, classes, events, group meetings and collaborations (collectively “User Content”) of Students of the School may include the opportunity for Students to actively participate and interact with each other. The School does not guarantee the accuracy, integrity, appropriateness, availability or quality of any User Content, and under no circumstances will the School be liable in any way to you for any User Content. The conduct of Students and their User Content is not supervised or monitored by Company. The School does not actively monitor, supervise or endorse any User Content. The School does not pre-screen any User Content, but reserves the right to remove, disallow, block or delete any Student or User Content in its sole discretion. The School also has the right—but not the obligation—to take remedial action in connection with any objectionable User Content of a Student.
Intellectual Property Rights and License. You retain ownership of any rights you may have in your user content and submitting your User Content to the School does not transfer ownership of your rights. You hereby grant Company an unrestricted, assignable, sublicensable, revocable, royalty-free license throughout the universe to reproduce, distribute, publicly display, communicate to the public, publicly perform (including by means of digital audio transmissions and on a through-to-the-audience basis), make available, create derivative works from, retransmit, and otherwise exploit and use all or any part of all User Content you post to or through the School by any means and through any media and formats now known or hereafter developed, for any purposes including (i) advertising, marketing and promoting Company and the School; (ii) displaying and sharing your User Content to other users of the School; and (iii) providing the School as authorized by these Terms. By posting User Content to or through the School, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity or any other rights of a similar nature in connection with your User Content, or any portion thereof. You further grant Company a royalty-free license to use your user name, image and likeness to identify you as the source of any of your User Content. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you post to or through the School.
7. Fees. All fee payments are handled through Teachable as per the Teachable Terms. All fees for access and use of the School services are payable in advance of access, and are non-refundable.
8. Third Party Linked Websites. The School may contain links to third party websites or applications, including on-line or web-based meeting services such as Zoom. Linked websites or applications are not under Company’s control, and Company is not responsible for their content or your use or experience with such third party websites or applications. The inclusion of any link does not imply endorsement by the Company of the website or application. Use of any such linked website or applications is at the Student’s own risk.
9. Revisions and Erratum. The Materials appearing on the School’s website may include technical, typographical, or photographic errors. The Company does not warrant that any of the materials on its web site or in the School program are accurate, complete, or current. The Company may make changes to the School and Materials at any time without notice. The Company does not, however, make any commitment to update the materials.
10. Modification of these Terms. We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. Modifications are effective upon publication. Except as expressly permitted in this Section 10, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
11. Term, Termination and Modification of the School
11.1 Term. These Terms are effective beginning when you browse or otherwise access the School, and ending when terminated as described in Section 11.2.
11.2 Termination. If you violate any provision of these Terms, your authorization to access the School and these Terms automatically terminate. In addition, Company may, at its sole discretion, terminate these Terms, or suspend or terminate your access to the School, at any time for any reason or no reason, with or without notice.
11.3 Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the School and its Materials; and (b) you will no longer be authorized to access the School or its Materials. Sections 3.2, 4, 6.2, 11.3, 12, 13, 14, and 15 will survive termination of these Terms.
11.4 Modification of the School. Company reserves the right to modify or discontinue the School at any time (including by limiting or discontinuing certain features of the School), temporarily or permanently, without notice to you. Company will have no liability for any change to the School or any suspension or termination of your access to or use of the School.
12. Indemnity. To the fullest extent permitted by law, you are responsible for your use of the School, and you will defend and indemnify Company and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Company Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the School; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
13. Disclaimers; No Warranties
THE SCHOOL AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SCHOOL ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SCHOOL AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SCHOOL, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. COMPANY DOES NOT WARRANT THAT THE SCHOOL OR ANY PORTION OF THE SCHOOL, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SCHOOL, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND COMPANY DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SCHOOL OR COMPANY ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SCHOOL WILL CREATE ANY WARRANTY REGARDING ANY OF THE COMPANY ENTITIES OR THE SCHOOL THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SCHOOL AND YOUR DEALING WITH ANY OTHER SCHOOL USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SCHOOL AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SCHOOL) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Company does not disclaim any warranty or other right that Company is prohibited from disclaiming under applicable law.
14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SCHOOL OR ANY MATERIALS OR CONTENT ON THE SCHOOL, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY COMPANY ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE COMPANY ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SCHOOL OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE AMOUNT YOU HAVE PAID THE COMPANY FOR ACCESS TO AND USE OF THE SCHOOL IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 14 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
15. Miscellaneous
15.1 General Terms. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Company regarding your use of the School. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
15.2 Governing Law. These Terms are governed by the laws of the State of New York without regard to conflict of law principles. You and Company submit to the personal and exclusive jurisdiction of the state courts and federal courts located within New York, New York for resolution of any lawsuit or court proceeding permitted under these Terms.
15.3 Privacy Policy. Please read the Company Privacy Policy [https://brand-style-bloom-style-wellness-community.teachable.com/p/privacy] carefully for information relating to our collection, use, storage, disclosure of your personal information. The Company Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
15.4 Additional Terms. Your use of the School is subject to all additional terms, policies, rules, or guidelines applicable to the School or certain features of the School that we may post on or link to from the School (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
15.5 Consent to Electronic Communications. By using the School, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
15.6 Contact Information . You may contact us at [email protected]
15.7 Non-Disparagement. At no time during or after the termination of Student’s relationship with the Company will either party make or publish any statement, written or oral, disparaging the reputation or character of the other, its business, or any of its partners, officers, employees or agents.
15.8 Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the School or to receive further information regarding use of the School.
15.9 No Support. We are under no obligation to provide support for the School. In instances where we may offer support, the support will be subject to published policies.
15.10 International Use. The School is intended for visitors located within the United States. We make no representation that the School is appropriate or available for use outside of the United States. Access to the School from countries or territories or by individuals where such access is illegal is prohibited.