Online Class Terms and Conditions
Terms of Participation
Please READ carefully. By purchasing any online class, course, workshop, or program offered by Walsh Associates, LLC (“Company,” “we,” or “us”), you (“Client” or “You”) enter into these Terms and Conditions and agree to be bound by them.
Program/Service
Walsh Associates, LLC (referred to herein as “Walsh Associates” or “Company”) agrees to provide the online class, course, workshop, or program identified in the online commerce shopping cart at the time of Your purchase (each, a “Program”). As a condition of participating in any Program, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference. These Terms and Conditions apply to every Program offered by the Company, regardless of topic, price, or format, unless a specific Program's sales materials expressly state otherwise.
As part of a Program, the Company shall provide the following to Client:
A Password-Protected Program Area: The Company shall maintain a Program Area that will include video, audio, and written lessons, templates, worksheets, checklists, slide decks, and other training and support information specific to the Program You purchased. You shall have access to this Program Area for the period specified at the time of purchase for that Program, which shall in no event be less than 30 days following activation of Your access. In the event that the Company intends to close a Program Area earlier than the period originally specified, it shall provide clients with 30 days' notice and the ability to download the resources contained in the Program Area.
Program Participant Community: The Company may create and maintain a closed online community reserved for students of the Company's Programs (the “Alumni Group”). This is a community-run space, meaning students are encouraged to help each other. The Company reserves the right to discontinue any question-and-answer sessions at any time without advance notice. Where an Alumni Group is offered, You shall have access to it for as long as it exists. In the event the Company intends to close the group, it shall provide clients with one week's notice.
From time to time, the Company will offer bonuses to individuals who sign up for a Program. You shall be entitled to any bonuses offered to you at the time of your enrollment. Bonuses are not guaranteed to be available for the entire lifespan of a Program and vary depending on the specific live and automated promotions in effect at the time of Your purchase.
Disclaimer
The Company's Terms of Use and Privacy Policy are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to Your participation in any Program.
Client understands that the Company's instructors and facilitators, including Erin Walsh (each, a “Consultant”), are not acting as a doctor, therapist, registered dietitian, or psychotherapist. Client understands that no Consultant has promised, is obligated to, or will act as a therapist providing psychoanalysis, psychological counseling, or behavioral therapy. Client understands that no ongoing relationship exists between the parties after the conclusion of a Program. If the parties wish to continue their relationship, they shall execute a separate agreement.
Fees
In consideration of Your access to a Program, You agree to pay the fees specified for that Program at the time of purchase (the “Fees”). Depending on the Program, You may be offered a single-payment option or a payment-plan option; the specific amounts, number of installments, and total cost will be displayed in the shopping cart prior to purchase and are incorporated into this Agreement by reference.
If You select a payment-plan option, You must pay the initial installment at checkout, and Your selected payment method will thereafter be automatically charged the remaining installments on the schedule presented at checkout. If you opt for a payment plan, You remain responsible for all installments unless You obtain a refund under the Refund Policy below. You may not cancel or avoid these payments except through the Refund Policy. If any payment is not made, the Company shall immediately suspend Your access to the Program.
Methods of Payment
If You elect a payment-plan option, You hereby authorize the Company to charge Your credit card or debit card automatically according to the terms presented at checkout and set forth in the Fees section above.
Regarding recurring payments and outstanding invoices: if all eligible payment methods we have on file for you are declined for payment of an installment, you must provide a new eligible payment method promptly or your Program access will be removed.
If you do not request a refund within the terms of the Program with the required coursework at the time of your refund request, you are required by law to complete the remaining payments of your payment plan, and you understand that your membership will automatically continue. You authorize us (without notice to you, unless required by applicable law) to collect any and all outstanding receivables using any eligible payment method we have on record for your account.
Refund Policy
We want you to be satisfied with your purchase, but we also want you to give your best effort to apply the strategies taught in a Program. The Company provides a 14-day money-back guarantee for each Program, governed by the following terms.
To qualify for a refund, You must initiate participation in the Program within 14 days of activation. If You decide Your purchase was not the right decision, contact our support team within 14 days of the release of the first module and let us know You'd like a refund.
We will NOT provide refunds for any request made more than 14 days following the date of purchase. After 14 days, all payments are non-refundable, and You are responsible for full payment of the Fees for the Program regardless of whether You complete it.
Upon determining that You are entitled to a refund under this policy, the Company will promptly instruct its payment processor to issue the refund. The Company does not control its payment processor and cannot expedite refunds.
If You receive a refund under this money-back guarantee, that refund shall immediately terminate any and all licenses granted to You to use the material provided under this Agreement and the Company's Terms of Use. You shall immediately cease using the material and destroy all copies of the information provided to You, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.
All refunds are discretionary as determined by Walsh Associates, LLC. If payments are not made on time, You agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
If you have any questions or problems, please contact our support team at onlineclasses@sparkandstitchinstitute.com.
Confidentiality
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 participating in any Program, You agree to respect the privacy of other Program participants and to respect the Company's confidential information.
Specifically, You shall not share any information provided by other Program participants outside the bounds of the Program unless You receive express written permission from that participant. The content of each Program contains the Company's proprietary methods, processes, forms, templates, and other information. You agree not to share Program information with anyone other than the Company, its owners and employees, and other Program participants.
No Transfer of Intellectual Property
All content included as part of any Program, 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 Company's prior written permission. All other names, logos, product and service names, designs, and slogans in a Program are the trademarks of their respective owners.
Your participation in a Program does not result in a transfer of any intellectual property to You, and, as a condition of participation, You agree to observe and abide by all copyright and other intellectual property protections.
You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the content and resources of the Program You purchased. You agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale of, create derivative works from, or otherwise exploit any of that content, in whole or in part.
Company content is not for resale. Your participation in a Program does not entitle You to make any unauthorized use of protected content, and 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 it without the Company's express written permission. 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.
Any infringement of the Company's intellectual property shall result in immediate termination of the license granted hereunder and immediate termination of Your access to the Program, and You shall not be entitled to a refund of any portion of the Fees.
Independent Contractor Status
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company agrees only to provide Client with access to a Program, which provides education and information. The information contained in a Program, including any interactions with instructors, is not intended as, and shall not be understood or construed as, professional advice.
Force Majeure
The Company shall not be liable or responsible to You, nor deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the Company's reasonable control, including without limitation acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether or not declared), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers, or inability or delay in obtaining supplies of adequate or suitable materials, or telecommunication breakdown or power outage.
Severability/Waiver
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
Miscellaneous
You agree to absolve, and do hereby absolve, the Company of any and all liability or loss that You or any person or entity associated with You may suffer or incur as a result of use of a Program and/or any information and resources contained in it. You agree that the Company shall not be liable to You for any direct, indirect, special, incidental, equitable, or consequential loss or damages for use of a Program.
The information, software, products, and services included or available through a Program may include inaccuracies or typographical errors. Changes are periodically added to Program information. The Company and/or its suppliers may make improvements and/or changes to a Program at any time.
The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in a Program for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers disclaim all warranties and conditions with regard to this information, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
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, or consequential 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 a Program, the delay or inability to use a Program or related service, the provision of or failure to provide services, or otherwise arising out of the use of a Program, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or its suppliers has been advised of the possibility of such 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 a Program or any portion of it, Your sole and exclusive remedy is to discontinue using the Program.
Feedback and Reviews
Nothing in this Agreement restricts Your right to leave an honest review, rating, or opinion about a Program or the Company, including a negative one, consistent with the federal Consumer Review Fairness Act and applicable law. If You have a concern about a Program, we encourage You to raise it with our support team first at onlineclasses@sparkandstitchinstitute.com so we have the opportunity to address it. This section does not permit statements that are knowingly false, defamatory, or made in bad faith, and the Company reserves whatever rights it may have under applicable law with respect to such statements.
Assignment
Client may not assign this Agreement without the Company's express written consent.
Modification
The Company may modify the terms of this Agreement at any time. All modifications shall be posted on Walsh Associates, LLC's website, and purchasers shall be notified.
Termination
The Company reserves the right, in its sole discretion, to terminate Your access to a Program and related services, or any portion thereof, at any time if You become disruptive to the Company or other Program participants, fail to follow Program guidelines, or 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.
Indemnification
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 a Program and related services, any user postings made by You, Your violation of any terms of this Agreement, 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
The parties agree that any dispute arising out of or relating to a Program or this Agreement shall be resolved exclusively in the state or federal courts geographically nearest to Minneapolis, MN, and each party consents to the personal jurisdiction of those courts for that purpose.
If You do not understand or agree with any of these conditions, please do not enroll in a Program. If You require further clarification, please contact onlineclasses@sparkandstitchinstitute.com.