These terms govern the sale of our online training products. If you have any questions, please contact us.
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Your Contract with Us
Your purchase and use of Products, Software, and Services on the Boldmethod website www.boldmethod.com and affiliated sites (the "Websites") is governed by these Terms of Sale, which supplement the Boldmethod Terms of Service, End-User License Agreement (EULA), and Privacy Policy (together, the "Agreement" or the "Contract").
If you download software or purchase products from one of our Websites, your use of the software and product is also governed by the applicable end user license agreement which appears below these terms.
The software is protected by copyright and other intellectual property laws and treaties. Boldmethod or its suppliers own the title, copyright, and other intellectual property rights in the software. The software is licensed, not sold.
In these Terms of Sale, the term "you" means you the customer; and the terms "Boldmethod", "we","us" and "our" means Boldmethod, LLC.
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Placing an Order with Us
To make a purchase, (i) click the "buy now" (or similar) link; (ii) sign into your Account ("Account"), or create an Account if you do not have one; (iii) provide your billing information; and (iv) confirm the details of what you are purchasing and that you have read and accept these Terms of Sale, any applicable end user license agreement, and any applicable digital services agreement. You will then be sent a purchase confirmation email from us. To cancel your order at any time prior to completion of the order, click the navigate away from the purchase page or close your web browser.
You can correct inputting errors on the "Confirm" (or similar) page of the Website. You can also correct certain inputting errors that you have made on the Website by logging on to www.boldmethod.com, and accessing the "My Account" (or similar) link.
Your submission of an order only constitutes an offer by you to buy at the price and terms stated in the order.
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Pricing
The price payable by you (the "Price") is the price indicated on the purchase confirmation email that we send you.
Pricing and Sales Tax, GST and VAT. Your total price will be the price of the product plus any applicable sales or use taxes in effect at the time of purchase, and based on the bill to address. Applicable sales tax will be added on to the product price displayed. Failure on Boldmethod's part to invoice you for any applicable sales taxes, GST, VAT and other taxes does not relieve you of the liability to pay such taxes, and you must pay to the applicable taxing authority any such taxes which may be due as a result of your purchase through the service. We reserve the right to change the price and specifications shown in relation to any of our products or services. If the price or specification published on the applicable Website for any products or services is materially incorrect when you place an order for those products or services, we will: (i) contact you by email with the correct price or specification; and (ii) ask you to confirm whether you would like to purchase the applicable products or services at the correct price or specification. If applicable, we will also state the period for which the offer or Price remains valid. If you choose not to complete your purchase at the corrected price or product specification, we will provide you with a full refund for any amounts already paid by you.
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Payment
You may pay for your products and/or services either by credit card on our Websites or by using the services of any alternate billing and payment provider identified on the applicable Website.
If you pay for your products and/or services by credit card, then you must supply your credit card details when you place your order. Your credit card will be charged when we issue our purchase confirmation email. We will not supply any products or services to you until your credit card issuer has authorized the use of your card for payment of the products and/or services ordered.
If you elect to use the services of an alternate billing and payment provider, you will be bound by that third party's terms and conditions, which are available on such party's website. You may be required to create an account with the alternate provider, and to provide that provider with your bank account or credit or debit card details.
Costs associated with accessing our Websites and downloading software products depends on your Internet Service Provider. Please see your Internet Service Provider's terms and conditions.
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Digital Content Delivery
All training courses are delivered digitally across the Internet to your computer. You are responsible for determining if you have an internet connection capable of downloading the Content from the Services. Boldmethod cannot and will not be responsible for any loss or damage arising from your inability to download or view the Content. You are responsible for all costs associated with downloading the Content and Services.
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System Requirements
The Content requires an HTML5 web browser, which implements specfic features. To ensure you can view the content, you must use at a minimum the latest version of a supported internet browser. Boldmethod may change which browsers are supported at any time, currently supported browsers include:
- Mozilla Firefox
- Google Chrome
- Apple Safari
- Internet Explorer
The Content may work on mobile devices such as phones and tablets. You are responsible for determining if your mobile device is capable of running the
Content or Services.
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Performance of the Contract
Certain products and services will be available to you as soon as you complete your purchase. In some cases, we may also give you the opportunity purchase a license for a software product prior to its scheduled release date. Our Websites will inform you which type of software product you are purchasing. Our obligation to deliver the software product to you shall be complete at such time as, and place where, you first receive either the downloaded product or physical product, as applicable.
If you have purchased services from us, your right to access the applicable services will commence immediately after we have sent our purchase confirmation email.
In the event that Boldmethod disables products or software made available on the Website, Boldmethod will give notice and allow you to download the product for 30 days at www.boldmethod.com.
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Refunds for Products and Services
General
Subject to the following paragraph, there are no refunds for products or services purchased on our Websites unless expressly authorized by Boldmethod in writing. This Contract does not confer any rights or remedies upon any person other than the parties to this Contract.
Purchases of Products and Services are final and non-refundable, except at Boldmethod's sole discretion and in accordance with the rules governing each such Paid Service. Termination of your Account or your rights under this Agreement may result in forfeiture of existing Paid Services. For example, if your Account is suspended or terminated, you forfeit your license to any Content you have purchased.
If you are unhappy with your training course, we offer a 30 day refund policy for your training courses that have been completed 15% or less. It is at the discretion of Boldmethod to determine what percentage of the training course has been completed.
Refunds After 30 Days
All sales after 30 days are final; refunds for purchases past 30 days will not be issued.
Requesting a Refund
To request a refund, please contact us via email at info@boldmethod.com, or by mail at our
address listed below.
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Warranties; Indemnities; Disclaimer of Warranties
You represent and warrant that (i) you have full power and authority to enter into this Agreement; (ii) the execution and performance of this Agreement does not violate, conflict with, or result in a material default under any other contract or agreement to which you are a party, or by which you are bound.
You will defend, indemnify and hold harmless Boldmethod and its officers, directors, employees, developers, and agents arising from any loss, damage, liability or cost (including reasonable attorneys' fees) resulting from any third party claim that arises from a breach of your representations or warranties. In the event of any loss, damage, liability or cost, you are obligated to indemnify Boldmethod hereunder.
THIS SECTION SETS FORTH THE PARTIES' ENTIRE LIABILITY AND OBLIGATION, AND THE PARTIES' SOLE AND EXCLUSIVE REMEDIES, WITH RESPECT TO INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF ANY KIND.
EXCEPT AS OTHERWISE SPECIFIED IN THIS AGREEMENT, NEITHER PARTY MAKES ANY WARRANTY IN CONNECTION WITH THE SUBJECT MATTER OF THIS AGREEMENT AND EACH PARTY HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGMENT. IN ALL CASES THE CONTENT UNDER THIS AGREEMENT IS NOT INTENDED AS A SUBSTITUTION FOR ANY FAA REQUIRED AND/OR RECOMMENDED TRAINING, EITHER EXPRESSED OR IMPLIED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCTS AND SERVICES THAT YOU PURCHASE ON THE WEBSITES ARE PROVIDED TO YOU "AS IS," AND YOUR USE IS AT YOUR OWN RISK. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL OTHER EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER BOLDMETHOD NOR ITS LICENSORS OR DISTRIBUTORS SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, OR ANY FORM OF INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING WITH RESPECT TO THE PRODUCTS OR SERVICES THAT YOU PURCHASE ON THE WEBSITES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL BOLDMETHOD'S AGGREGATE LIABILITY UNDER THESE TERMS OF SALE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICABLE PRODUCTS OR SERVICES.
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LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, SHALL EITHER PARTY, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WHETHER OR NOT THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE TOTAL CUMULATIVE LIABILITY OF EITHER PARTY FOR DAMAGES OR ALLEGED DAMAGES HEREUNDER, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, IS LIMITED TO, AND WILL NOT EXCEED, THE CUMULATIVE AMOUNTS PAID OR PAYABLE UNDER THIS AGREEMENT.
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Electronic Contracting
You acknowledge and agree that by clicking the 'OK' (or similar) button when you place your order, you are placing a legally binding offer. You consent to: (i) the use of electronic communications in order to enter into contracts and place orders with us; and (ii) the electronic delivery of notices, policies and records of transactions initiated or completed by you online. You have the right to withdraw this consent, but if you do, we may cancel your access to our products and services. If you do not consent to receive any notices electronically, you must stop using our Websites. We may amend these Terms of Sale at any time by posting them on our Website. You agree to review them each time you make a purchase.
As long as you place orders with us online, you agree that you will have access to the necessary software and hardware to receive electronic records from us in connection with transactions initiated or completed by you online.
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Termination
Either party may terminate this Agreement at any time by notifying the other party. Boldmethod may also terminate or suspend your access to or ability to use any and all Services immediately, without prior notice or liability, for any reason or no reason, including but not limited to if you breach any of the terms or conditions of this Agreement.
Upon termination of your access to or ability to use a Service, including but not limited to suspension of your Account on a Service, your right to use or access that Service and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to Boldmethod or any third party.
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Governing Law and Legal Disputes
You and Boldmethod agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or the Services in accordance with this Section or as you and Boldmethod otherwise agree in writing. Before resorting to litigation, we strongly encourage you to contact us directly to seek a resolution.
Law and Forum for Legal Disputes
This Agreement shall be governed in all respects by the laws of the State of Colorado as they apply to agreements entered into and to be performed entirely within Colorado between Colorado residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Boldmethod must be resolved exclusively by a state or federal court located in Boulder County, Colorado, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Boulder County, Colorado for the purpose of litigating all such claims or disputes.
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Changes to this Policy
We may revise this Delivery Policy from time to time. If we make a change to this policy that, in our sole discretion, is material, we will notify you via an e-mail to the email associated with your account. By continuing to access or use the Services after those changes become effective, you agree to be bound by the revised Delivery Policy.
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Contact Information
This Delivery Policy is operated and provided by Boldmethod, LLC, 2033 11th Street, Suite 2, Boulder, CO 80302. If you have any questions about this Delivery Policy, please contact us via email at info@boldmethod.com or by mail at our Boulder address.
