Terms of Use
Last Updated: December 04, 2024
Welcome to The Holistic Business Hub ("School," "we," "us," or "our"), a platform created and operated by BME Solutions LLC ("BME") on Teachable. These Terms of Use ("Terms") govern your access to and use of our online courses, content, and services provided through the Teachable platform ("Platform").
IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE & SALE (THESE “TERMS”) BEFORE ACCESSING, USING, OR SUBSCRIBING OR PLACING AN ORDER OVER THE HOLISTIC BUSINESS HUB PROVIDED THROUGH TEACHABLE PLATFORM ("PLATFORM") OR OUR OTHER SITES OR ONLINE RESOURCES WHICH LINK TO THESE TERMS.
THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES INCLUDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION (SEE SECTIONS 10, 14, 15, AND 16). ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 16. THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.
General Use
The use of The Holistic Business Hub on the Teachable platform or other sites or online resources to which these Terms are linked (each, a “Website”), owned and maintained by BME Solutions LLC (“BME,” “we,” “our,” “us”), are governed by these Terms.
We offer the School, including all information, tools, and services available from the School to you, the user, conditioned upon your acceptance of all terms and conditions stated herein. By accessing, using, subscribing, or placing an order over the Platform, you and your business (including any sub users you may have) agree to the terms and conditions set forth herein. If you do not agree to these Terms in their entirety, you are not authorized to use the School in any manner or form whatsoever.
THIS IS A BINDING AGREEMENT. THESE TERMS TOGETHER WITH OUR PRIVACY STATEMENT FORM A LEGALLY BINDING AGREEMENT (THE “AGREEMENT”) BETWEEN YOU AND YOUR BUSINESS (“YOU”) AND BME. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE SCHOOL. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
BME and the School reserves the right to update and change, from time to time, these Terms and all documents incorporated by reference by posting updates and/or changes to our School. It is your responsibility to check this page periodically for changes. Use of the School after such changes constitutes acceptance of such changes. Any new features or tools which are added to the current School shall also be subject to the Terms.
The School is intended for adults and businesses operated by adults. If you use theSchool, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), operate a business, have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.
1. Agreement to These Terms
By accessing or using The Holistic Business Hub, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this School are protected by applicable copyright and trademark law.
We offer a range of services through The Holistic Business Hub. These Terms apply to both individuals and business entities purchasing courses and other content.
By using The Holistic Business Hub, you agree to comply with:
- These Terms of Use
- All applicable laws and regulations
- Any additional agreements related to specific courses or services
If you do not agree with these Terms, you are prohibited from using this School.
2. Use License
- Subject to your continued strict compliance with all Terms, permission is granted to temporarily download one copy of any downloadable materials on the School’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on the School’s web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or 'mirror' the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by BME at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. Website User Conduct, Intellectual Property Rights and Restrictions-License Terms
All aspects of our School are protected by U.S. and international copyright, trademark, and other intellectual property laws, including all content, information, design elements, text material, logos, taglines, metatags, hashtags, photographic images, testimonials, personal stories, icons, video and audio clips, and downloads. No material on the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. The BME trademark and logo, The Bio-Magnetic Hub trademark and logo and the Holistic Biz Blueprint trademark and logo are proprietary marks of BME, and the use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by BME.
You acknowledge and agree that you do not acquire any ownership rights in any material, and you agree not to:
- Copy, distribute, or resell our content.
- Use our branding or trademarks without written permission.
Violating these terms may result in account termination and legal action.
You agree not to use or attempt to use the School, or any software used by BME, whether alone, or in conjunction with other software or hardware, in any unlawful manner or a manner harmful to BME. You further agree not to commit any harmful or unlawful act or attempt to commit any harmful or unlawful act on or through the School or through use of any software or hardware including, but not limited to, refraining from:
· HARMFUL ACTS. Any dishonest or unethical practice; any violation of the law; infliction of harm to BME reputation; hacking and other digital or physical attacks on the School; scraping, crawling, downloading, screen-grabbing, or otherwise copying content on the School and/or transmitting it in any way we haven’t specifically permitted; introducing, transmitting, or storing viruses or other malicious code; interfering with the security or operation of the School; framing or mirroring the School; creating, benchmarking, or gathering intelligence for a competitive offering; infringing another party’s intellectual property rights, including failing to obtain permission to upload/transfer/display works of authorship; intercepting or expropriating data; and the violation of the rights of BME or any third party;
· “SPAMMING” AND UNSOLICITED COMMUNICATIONS. We have zero tolerance for spam and unsolicited communications. Any communications sent or authorized by you reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third-party blogs) will be deemed a material threat to BME reputation and to the rights of third parties. It is your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.
· OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by you, including without limitation postings on any website operated by you, or social media or blog, which are: sexually explicit, obscene, vulgar, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; or solicitous of unlawful behavior.
· SENSITIVE INFORMATION. You will not import, or incorporate into, any contact lists or other content you upload to any website, software, or other electronic service hosted, provided by or connected to BME, any of the following information: social security numbers, national insurance numbers, credit card data, passwords, security credentials, bank account numbers, or sensitive personal, health or financial information of any kind.
4. Order Placements, Payments, Refunds, and Subscriptions
Order Placement and Acceptance
Since our School is hosted on Teachable, your data is processed and controlled by Teachable. You must contact Teachable Support immediately in order to modify or cancel your pending order. We cannot guarantee that the Platform will be able to amend your order in accordance with your instructions.
We reserve the right to limit the sales of our products and services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis at our sole and exclusive discretion. Your purchase order of products and other services is conditioned on you re-affirming your acceptance of this Agreement.
All advertised prices are in, and all payments shall be in, U.S. Dollars.
Payment Plans, One-Time Purchases, and Automatic Payments
All payments for courses, one-time purchases, and payment plans at The Holistic Business Hub are processed and managed by Teachable, the platform hosting our School.
4.1 Payment Processing
- All payments are processed securely through Teachable’s payment providers (Stripe, PayPal).
- We do not collect, store, or process payment details.
4.2. One-Time Purchases & Payment Plans
- If you purchase a course with a one-time payment, the full amount is charged at the time of purchase.
- If you choose a payment plan, your selected payment method will be automatically charged monthly or according to the agreed schedule until the full amount is paid.
4.3 Automatic Payments & Subscriptions
- If your course includes a recurring payment plan, you authorize Teachable to automatically charge your payment method based on the agreed schedule (e.g., monthly payments).
- Payments are non-refundable once processed, unless otherwise stated in Teachable’s Refund Policy.
- Failure to complete payments may result in suspension or termination of access to the course.
4.4 Canceling a Payment Plan or Subscription
- If you wish to cancel an active payment plan or subscription, you must follow Teachable’s cancellation process before the next billing cycle.
- BME Solutions LLC does not handle cancellations directly—all payment adjustments must be managed through Teachable’s platform.
For full details on payments, refunds, and cancellations, please review Teachable’s Terms of Use or contact Teachable Support.
4.5 Refunds
- Courses are non-refundable once accessed.
- Refund requests must be made within 14 days of purchase (if applicable).
All payments, transactions, and refunds for The Holistic Business Hub are processed and managed by Teachable, the platform hosting our School.
For the school's online course purchases, Teachable's refund policy applies. If a refund is available for a course, you may request it within 14 days of purchase.
To request a refund, you must follow Teachable’s refund process by contacting Teachable support directly. Please review Teachable’s Refund Policy for full details on eligibility and processing times.
Since Teachable handles all payments, BME Solutions LLC does not have direct control over the approval or processing of refunds.
4.6 Course Availability & Pricing
- The latest course offerings and pricing are determined by BME Solutions LLC and displayed on Teachable.
- Prices and course availability are subject to change at any time without prior notice.
- We reserve the right to modify, discontinue, or update courses as needed.
- all transactions, refunds, and payment processing are handled by Teachable.
4.7 Billing & Payments
- All payments, transactions, and invoicing are processed securely through Teachable’s payment system.
- If you are on a payment plan or subscription, Teachable will automatically charge your payment method according to the agreed terms.
4.8 Subscriptions & Automatic Billing
- If you enroll in a subscription-based course, you agree to automatic billing.
- Cancellations must be made before the next billing cycle via Teachable’s subscription settings.
4.9 Final Sales Policy
- All sales are final, except as otherwise stated in Teachable’s Refund Policy.
- BME Solutions LLC does not process refunds, cancellations, or payment adjustments—these must be handled directly through Teachable.
- For any refund requests, billing issues, or payment disputes, please refer to Teachable’s Refund Policy and contact Teachable Support.
For the most current pricing and course offerings, visit our School page on this Platform.
5. Disclaimers and Limitations of Liability
5.1 Educational Purpose Only
The courses offered through The Holistic Business Hub are for educational and informational purposes only.
We do not:
- Guarantee business success, financial earnings, or specific results.
- Provide legal, financial, or tax advice.
5.2 Disclaimer of Warranties
- The School provides materials "as is" without warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
- We do not warrant or make any representations or guarantee concerning the accuracy, likely results, reliability of the use of the materials on its website or relating to such materials or any sites linked to this site, or results from using course materials.
- We do not warrant that the website or course content will always be available or error-free.
5.3 Disclaimer – Your Individual Results Will Vary
Every online business is different, employing different strategic approaches and organizational structures, and offering different products and services. Therefore, individual results will vary from user to user.
YOUR BUSINESS’ INDIVIDUAL RESULTS WILL VARY DEPENDING UPON A VARIETY OF FACTORS UNIQUE TO YOUR BUSINESS, INCLUDING BUT NOT LIMITED TO YOUR CONTENT, BUSINESS MODEL, AND PRODUCT AND SERVICE OFFERINGS.
BME and the School do not promise, guarantee, or warrant your business’ success, income, or sales. You understand and acknowledge that BME will not at any time provide sales leads or referrals to you or your business. Those businesses who purchase our products or services will receive access to our course and training. However, we do not guarantee your business’ success and based upon many market factors that we cannot control, the software and tools we provide may or may not be applicable to your specific business.
Further, we do not make earnings claims, efforts claims, return on investment claims, or claims that our software, tools, or other offerings will make your business any specific amount of money, and it is possible that you will not earn your investment back. We do not sell a business opportunity, “get rich quick” program, guaranteed system, franchise system, or a business in a box. You should not purchase our products or services if that is your expectation.
Instead, you should purchase with the understanding that using the information and training purchased will take time and effort and may be applicable in some situations but not others. Also, we do not offer any tax, accounting, financial, or legal advice. You should consult your business’ accountant, attorney, or financial advisor for advice on these topics.
5.4 Your Responsibilities in Running Your Business
You represent and warrant that you operate a business in good-standing and you agree that there are no prior or pending government investigations or prosecutions against you or your business. You also agree that you and your business will only use BME’s and the School's products and services for lawful purposes and that you shall not use such products or services, whether alone or in connection with other software, hardware, or services, for any unlawful or harmful purpose.
You are solely and exclusively responsible for complying with all applicable laws and regulations in running your business, including, but not limited to, all laws governing advertising and marketing claims, subscriptions, refunds, premium offers, tax laws, and all additional laws applicable to your business.
You agree to notify BME if any investigation or lawsuit is threatened or filed against you, whereupon BME shall have the right to terminate this Agreement without liability. BME shall have no liability for your violation of any laws.
You are solely and exclusively responsible for collecting and reporting all sales and use tax, and any other taxes, which may apply to sales of products or services by your business. BME shall not be responsible to collect or report any taxes which may apply to your business or sales of products or services by your business.
You agree to indemnify BME as set out below in the event that you and/or your business violates any law and a claim is threatened or asserted against BME as a result.
5.6 Disclaimers of Other Warranties
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW: THE SCHOOL AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF THE WEBSITE OR ANY SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE WEBSITE, SOFTWARE, OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR (F) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
5.7 Testimonials, Reviews, and Pictures/Videos
BME is pleased to hear from users and customers and welcomes your comments regarding our services and products. BME may use testimonials and/or product reviews in whole or in part together with the name, city, and state of the person submitting it. Testimonials may be used for any form of activity relating to BME services or products, in printed and online media, as BME determines in its sole and exclusive discretion. Testimonials represent the unique experience of the participants and customers submitting the testimonial, and do not necessarily reflect the experience that you may have using our services or products. As set forth above in Section 10, your results will vary depending upon a variety of factors unique to and beyond BME’s control. Note that testimonials, photographs, and other information that you provide to us will be treated as non-confidential and nonproprietary, and, by providing them, you grant BME a royalty-free, worldwide, perpetual, nonexclusive and irrevocable license to use them.
Additionally, BME reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. BME shall be under no obligation to use any, or any part of, any testimonial or product review submitted.
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content.
BME reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant BME a nonexclusive, royalty free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant BME and sublicensees the right to use the name that you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify BME for all claims resulting from content you supply. BME has the right but not the obligation to monitor and edit or remove any activity or content. BME takes no responsibility and assumes no liability for any content posted by you or any third party.
6. Privacy and Data Control
We respect your privacy and the use and protection of your non-public, personal information. Your submission of personal information through the School on this Platform is governed by our Privacy Statement and if you and/or your end users are located in the European Union or United Kingdom. Our Privacy Statement may be viewed here. BME reserves the right to modify its Privacy Statement and DPA in its reasonable discretion from time-to-time. Our Privacy Statement is incorporated into this Agreement by reference
Information You Provide; Registration; Passwords
As a School user, you will be required to create an account with the Platform. You warrant that the information you provide is truthful and accurate, and that you are not impersonating another person. You are responsible for maintaining the confidentiality of any password you may use to access your School user account, and you agree not to transfer your password or username or lend or otherwise transfer your use of or access to your user account, to any third party. You are fully responsible for all transactions with, and information conveyed to you as The Holistic Business Hub Subscriber/User, including technical information, pricing, business strategy, and data about other past or current School users or their customers.
Since our School is hosted on Teachable, your data is processed and controlled by Teachable.
- We do not collect or store personal data beyond what is shared through Teachable (e.g., name, email, billing address, course progress).
- Teachable manages tracking technologies, analytics, and cookies.
For privacy-related concerns, please contact Teachable directly via Teachable’s Privacy Policy.
Compliance with Privacy Laws
7.1 California Residents (CCPA Rights)
If you are a California resident, you have the right to:
- Request access to your personal data.
- Request deletion of your personal data.
- Opt out of data selling or sharing (Teachable does not sell personal data).
Since Teachable controls student data, please contact Teachable directly to exercise your CCPA rights.
7.2 Virginia Residents (VCDPA Rights)
If you are a Virginia resident, you have the right to:
- Access, correct, or delete your personal information.
- Opt out of targeted advertising.
For privacy requests, please contact Teachable directly.
7.3 EU Residents (GDPR Rights)
If you are in the EU or UK, GDPR grants you the right to:
- Access, correct, or delete your data.
- Restrict or object to processing.
- Request data portability.
Since Teachable controls your data, contact Teachable to exercise these rights.
7.4 Agent Authorization
You may authorize someone to make a privacy rights request on your behalf (an authorized agent). The agent must:
- Provide proof of your written consent.
- Verify their identity with Teachable.
For agent requests, please contact Teachable directly.
7. Compliance with the Laws, Including Commitment Against Harassment and Interference with Others (“Targeting”)
As a School user, you must comply with all laws, both U.S. and foreign, including, but not limited to, laws prohibiting deceptive and misleading advertising and marketing, e-mail marketing laws (including the federal CAN-SPAM Act (15 U.S.C. § 7701)), telemarketing laws (including the federal Telephone Consumer Protection Act (47 U.S.C. § 227) and the Federal Trade Commission’s Telemarketing Sales Rule (16 C.F.R. § 310)), laws governing testimonials (including the Federal Trade Commission’s Revised Endorsements and Testimonials Guides (16 CFR Part 255)), and/or any similar laws, laws relating to intellectual property, privacy, security, terrorism, corruption, child protection, or import/export laws. You are solely responsible for ensuring their compliance with all applicable laws, rules, regulations, and court orders of any kind of any jurisdiction applicable to you and your business, and any recipient to whom you send digital messages using our products or services. You have the responsibility to be aware of, understand, and comply with all applicable laws and ensure that you and all users of your account comply with such applicable laws at all times.
If you use any messaging software, or any other messaging system or other software or hardware provided by you or a third-party, you agree that you will follow all applicable laws with respect to sending messages, including without limitation the federal Telephone Consumer Protection Act. You further agree to indemnify and defend BME from any claims, damages, losses, and lawsuits of any kind or nature that may be made or brought against BME relating in any way to your violation of law or third-party rights by use or misuse of any messaging software or hardware, whether provided by BME. You further understand and agree that BME has no control over, and therefore cannot be responsible for, the functionality or failures of any third-party software, including without limitation the Platform Teachable, Facebook, Facebook Messenger, and internet browser notifications.
BME DOES NOT WARRANT THAT ANY BME MESSAGING SOFTWARE WILL BE COMPATIBLE WITH ANY THIRD-PARTY SOFTWARE. YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR YOUR USE OF ANY AND ALL MESSAGING SOFTWARE AND/OR HARDWARE.
COMMITMENT AGAINST TARGETING AND HARASSMENT AND INTERFERENCE WITH OTHERS. You must not use our services, whether alone, or in connection with other software or hardware, to: (i) store, distribute, or transmit any malware or other material that you know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive, or abusive; or (ii) commit, promote, aid, or abet any behavior, which you know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive, or abusive.
8.Limitations of Liabilities
In no event shall the School be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the School’s website, even if the School or an authorized of the School has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
To the fullest extent permitted by law:
- BME Solutions LLC and Teachable are not liable for any direct, indirect, incidental, or consequential damages.
- Your only remedy for dissatisfaction with our courses is to stop using them.
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL BME OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY STATEMENT, THE SERVICES OR PRODUCTS, YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SOFTWARE, SERVICE, OR PRODUCT, REGARDLESS OF WHETHER BME HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.
Revisions and Errata
The materials appearing on the School’s website may include technical, typographical, or photographic errors. The School does not warrant that any of the materials on its web site are accurate, complete, or current. The School may make changes to the materials contained on its web site at any time without notice. The School does not, however, make any commitment to update the materials.
9.Dispute Resolution by Mandatory Binding Arbitration and Class Action Waiver
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AND YOUR BUSINESS AGREE THAT ANY CLAIM THAT YOU OR YOUR BUSINESS MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU AND YOUR BUSINESS WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATIONAWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST FOLLOW THESE TERMS AS A COURT WOULD.
If you have a complaint,
dispute, or controversy, you agree to first contact us at [email protected]
to attempt to resolve the dispute or controversy informally. Any controversy or
claim arising out of or related to the use of the Website, any product,
service, or software, these Terms, the Privacy Statement, any affiliate
agreement, or your relationship with us that cannot be resolved through such
informal process or through negotiation within 120 days shall be resolved
by binding, confidential arbitration administered by the American Arbitration
Association (“AAA”), and judgment on the award rendered may be entered in any
court having jurisdiction thereof. We agree that any claim we may have
against you or your business will also be subject to his arbitration provision,
except as provided in Sections 20 and 21 below. The arbitration will be
conducted by a single neutral arbitrator in the English language in the Jurisdiction
of the State of Connecticut, United States, unless we both agree to conduct the
arbitration by telephone or written submissions. The arbitrator shall be
selected by agreement of the parties or, if the parties cannot agree, chosen in
accordance with Rules of the AAA. The arbitration will be conducted in
accordance with the provisions of the AAA’s Commercial Arbitration Rules and
Procedures, in effect at the time of submission of the demand for arbitration.
The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. The
arbitrator shall have the exclusive and sole authority to resolve any dispute
relating to the interpretation, construction, validity, applicability, or
enforceability of these Terms and Conditions of Use and Sale, the Privacy
Statement, this arbitration provision, and any other terms incorporated by
reference into these Terms and Conditions of Use and Sale. The arbitrator shall
have the exclusive and sole authority to determine whether any dispute is
arbitrable. The arbitrator shall have the exclusive and sole authority to
determine whether this arbitration agreement can be enforced against a
non-signatory to this agreement and whether a non-signatory to this agreement
can enforce this provision against you or BME.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.
The arbitrator shall follow the substantive law of the State of Connecticut without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
You and BME agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. You and BME expressly waive any right to pursue any class or other representative action against each other. Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except that all claims must be brought within 1 year after the claim arises (the 1 year period includes the 120 day informal resolution procedures described above).
This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended.
This provision survives termination of your account or relationship with BME, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
YOU UNDERSTAND THAT YOU AND YOUR BUSINESS WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN ACCORDANCE WITH THIS ARBITRATION PROVISION.
10.BME’s Additional Remedies
In order to prevent or limit irreparable injury to BME, in the event of any breach or threatened breach by you of the provisions of this Agreement or any infringement or threatened infringement by you of the intellectual property of BME or a third-party, BME shall be entitled to seek a temporary restraining order and preliminary and permanent injunctions or other equitable relief from a court of competent jurisdiction located in Connecticut restraining such breach, threatened breach, infringement, or threatened infringement. Nothing in this Agreement shall be construed as prohibiting BME from pursuing in court any other remedies available to it for such breach, threatened breach, infringement, or threatened infringement, including the recovery of monetary damages from you and your business. You and your business hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, the courts governing West Hartford, Connecticut for all such claims, and forever waive any challenge to said courts’ exclusive jurisdiction or venue.
11. Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless BME, its directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or attempt to use the Website, software, products, or services, (2) information you submit or transmit through the Website, (3) your breach of these Terms, the documents they incorporate by reference, the Agreement, or the representations and warranties provided by you in this Agreement, or (4) your violation of any law or the rights of a third-party.
12.Notice and Takedown Procedures; Digital Millennium Copyright Act
If you believe that materials or content available on the Website infringes any copyright you own, you or your agent may send BME a notice requesting that BME remove the materials or content from the Website. If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send BME a counter notice. Notices and counter-notices should be sent to BME Solutions LLC, Attention Legal Department, 27 Knollwood Rd, West Hartford, CT-06110, or by e-mail to [email protected].
These Terms fully incorporate by reference the DMCA Policy.
13. LINKS
The School has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The views, information or opinions expressed on or during any BME or otherwise publicized on our online and mobile resources are solely those of the creating authors or contributors and not those of BME Solutions LLC or either of its parent companies. Further, BME Solutions LLC is not responsible for and does not verify the accuracy of any of the information contained in any BME or content. The primary purpose of these resources is to educate, inspire and inform. Some authors’ or contributors’ content may discuss strategies and methods for earning income in business, and you should feel free to reach out to those authors or contributors about their proof that such strategies and methods work. BME assumes no responsibility for the content or functionality of any non- BME website to which we provide a link. Please see our Privacy Statement for more details.
The inclusion of any link does not imply endorsement by the School of the site. Use of any such linked website is at the user's own risk.
Our School may contain links to third-party websites. We do not control or endorse the content of these sites and are not responsible for their practices. Use third-party links at your own risk.
14. Termination
This Agreement will take effect (or shall re-take effect) at the time you click “ACTIVATE MY ACCOUNT NOW,” “PAY NOW,” “ORDER NOW”, “SUBMIT”, “BUY NOW”, “PURCHASE”, “I ACCEPT”, “I AGREE” or similar links or buttons, otherwise submit information through the Platform, respond to a request for information, begin installing, accessing, or using the Platform, complete a purchase, select a method of payment, and/or enter in payment method information, whichever is earliest. If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement or violated any law, whether in connection with your use of BME or otherwise, we may terminate the Agreement or suspend your access to the School at any time without notice to you. The sections of this Agreement, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your account or relationship with BME. Upon termination, you remain responsible for any outstanding payments to BME.
15.No Waiver
No failure or delay on the part of BME in exercising any right, power or remedy under this Agreement may operate as a waiver, nor may any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power, or remedy under this Agreement. A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by BME.
16.Governing Law, Dispute Resolution and Venue
This Agreement and any issue or dispute arising out of or otherwise related to this Agreement or your access to or use of theSchool, our Privacy Statement or any matter concerning BME, including your purchase and use or attempted use of any service or product, shall be governed exclusively by the laws of State of Connecticut without regard to its conflicts of laws principles. To the extent that any claim or dispute is found by the arbitrator or (if proper) a court of competent jurisdiction to be excluded from the arbitration agreement in Section 9, the parties agree any such claim or dispute shall be exclusively brought in and decided by the state or federal courts located in Connecticut, and you hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, such courts, and forever waive any challenge to said courts’ exclusive jurisdiction or venue. All such claims must be brought on an individual and non-class, nonrepresentative basis, and you forever waive any right to bring such claims on a class wide or representative basis. By using The Holistic Business Hub, you agree that any disputes arising from these Terms will be resolved through binding arbitration in Connecticut, USA.
17.Force Majeure
BME will not be responsible to you for any delay, damage, or failure caused or occasioned by any act of nature or other causes beyond our reasonable control.
18.Assignment
BME may assign its rights under this Agreement at any time, without notice to you. Your rights arising under this Agreement cannot be assigned without BME (or its assigns’) express written consent.
19.Electronic Signature
All information communicated on the Platform is considered an electronic communication. When you communicate with BME through or on the Platform or via other forms of electronic media, such as email, you are communicating with BME electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
20.Changes To The Agreement
We reserve the right, at our sole discretion, to update, change or replace any part of the Agreement, including the Privacy Statement located at Privacy Statement at any time without notice. It is your responsibility to check our School periodically for changes. Your continued use of or access to our School following the posting of any changes to the Agreement constitutes acceptance of those changes.
21.Your Additional Representations and Warranties
You hereby further represent and warrant: (1) that you are at least eighteen (18) years of age, or the legal age of majority in your jurisdiction, whichever is greater; (2) that you own, operate, and/or have the right to bind the business for which you are using the Website; (3) have read this Agreement and thoroughly understand and agree to the terms contained in this Agreement; and (4) that you will not resell, re-distribute, or export any product or service that you order from the Website. You further represent that BME has the right to rely upon all information provided to BME by you, and BME may contact you and your business by email, telephone, or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, on or through the Website.
You further represent and warrant that there are no prior or pending government investigations or inquiries of, or prosecutions against you, or any business related to you, by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority, anywhere in the world, nor any prior or pending private lawsuits against you. If at any time during the life of the Agreement you, or any business related to You, becomes the subject of a government investigation, inquiry, or prosecution by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority anywhere in the world, or the subject of any lawsuit, you will notify BME of the same within 24 hours. BME, at its sole discretion, may terminate the Agreement based on any investigation, proceeding, or lawsuit identified pursuant to this paragraph or otherwise discovered by BME without incurring any obligation or liability to you.
22.Severability
If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement.
23.Entire Agreement
These Terms, the Agreement, and any policies or operating rules posted by us on the School on this Platform or in respect to the School constitutes the entire agreement and understanding between you and your business and BME and governs your access to and use of the School and your ordering, purchasing, and use and/or attempted use of any service or product, and supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written, between you and BME. We may also, in the future, offer new services and/or features through the School. Such new features and/or services shall also be subject to these Terms, the Agreement, and any policies or operating rules posted by us on the School. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.
We reserve the right to:
- Suspend or terminate your account if you violate these Terms.
- Refuse service for any reason at our discretion.
Termination decisions are final and non-negotiable.
Contact Information
We encourage our customers to contact us with questions or comments about our products and services. If you have any questions or inquiries concerning any of the Terms, you may contact BME by email at:
For data-related or platform-related inquiries, contact Teachable directly.
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