Terms of Service
Last Updated: August 4, 2023
These Terms and Conditions (the “Agreement”) are a legal agreement between you (the “Customer”) and Bard Masterclass by Monetizely, a company registered under the laws of Ontario, Canada (the “Company”, “we”, “us”, “our”).
Please read these terms and conditions carefully before purchasing our digital product (the “Product”) available on https://bardmasterclass.com (the “Website”).
By purchasing the Product, you accept and agree to be bound by this Agreement. If you do not agree to these terms, please refrain from using our Product and Website.
1. PRODUCT DESCRIPTION
The Website provides you with the opportunity to purchase the Product that consist of digital content including, but not limited to, videos and text articles. This is a digital service and no physical product will be delivered.
The Product is a digital online resource consisting of video and/or text content. You acknowledge that this is a non-tangible product, and you will not receive any physical goods. Access to the Product is only available via a member-only area within our Website.
2. COURSE CONTENT AND ACCESS
The Product’s format is delivered via videos and/or text content. The course videos are voiced using an AI-cloned voice of the instructor, not a real human voice. You hereby acknowledge and accept this aspect of the course content.
You will NOT be permitted to download videos from our Product directly to your device. All content may only be accessed online through your paid account on our Website.
3. ACCOUNT USAGE AND SECURITY
You are solely responsible for managing and maintaining the security of your account. Sharing, selling, or trading your account with anyone else is strictly prohibited and may result in suspension or termination of your account without any refund. It is your responsibility to keep your account credentials confidential and to use a secure password tied to an active email address that you have regular access to.
4. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
All course material is owned by us and is protected by copyright laws. You agree not to resell, redistribute, or use course content outside the purview of personal learning. Sharing, selling, or otherwise transferring your Account to another party or unauthorized reproduction, distribution, or use of the Product material is strictly prohibited. Violations may result in immediate suspension or termination of your account without any refund.
5. EMAIL COMMUNICATION AND TRANSFER OF BUSINESS
Upon purchase, you will be added to our email list for marketing and updates related to the Product and other offerings by us. We reserve the right to transfer this email list to another business entity in case our Product, Website, or company is acquired by another entity.
You acknowledge that the ownership of the Product, Website, and the entire business could change at any time, and you agree not to dispute or challenge such a transfer.
6. COURSE UPDATES
We reserve the right to update or modify the course material and content at any time without prior notice.
7. COURSE CERTIFICATES
Issuance: Upon successful completion of the course and a course feedback survey, a digital course certificate may be issued to the customer. The certificate is a recognition of the completion of the course and is provided as a digital document.
Eligibility: To be eligible for the course certificate, the customer must demonstrate proof of course completion and complete the required course feedback survey. Evidence of completion may be required, such as submission of completed assignments or quizzes, as applicable.
Per-Individual Basis: Course certificates are issued on a per-individual basis and are non-transferable. Sharing, duplicating, or fraudulently altering the certificate is prohibited.
Denial or Rescindment: We reserve the right to deny or rescind the course certificate for any reason at our sole discretion. This may include, but is not limited to, cases of academic dishonesty, failure to comply with course requirements, or violation of any of the terms and conditions stated herein.
No Legal or Professional Recognition: The course certificate is a symbolic acknowledgment of completion of the course and does not constitute a formal accreditation, endorsement, or recognition by any professional body, institution, or legal entity. It shall not be used for misrepresentation of skills, competencies, or qualifications.
Customers seeking to obtain a course certificate must comply with these terms, and any failure to do so may result in non-issuance or revocation of the certificate. Any inquiries or disputes regarding course certificates must be directed to our customer support in accordance with the procedures outlined in these Terms & Conditions.
8. AVAILABILITY & LIMITATION OF THE SERVICE
The Website and Product are provided by Monetizely, its faculty, and contributors “as is” and “as available” with no warranties whatsoever. We do not guarantee uninterrupted, timely, secure, or error-free operation of the Product or Website. We do not warrant that the Website will be available forever. Monetizely makes no claims, promises, or guarantees about the absolute accuracy, completeness, or adequacy of the Website, and/or the Product, and expressly disclaims liability for errors and omissions in connection therewith. Monetizely disclaims all warranties and conditions of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade.
Monetizely makes no claims, promises, or guarantees about the absolute accuracy, completeness, or adequacy of the Website, and/or the Product, and expressly disclaims liability for errors and omissions in connection therewith. Monetizely disclaims all warranties and conditions of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade.
9. DATA COLLECTION AND PAYMENT PROCESSING
We collect your name and email address for account setup and communication purposes. All payment processes are handled through Stripe, a third-party payment processor.
In no event shall Bard Masterclass or its suppliers 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 Bard Masterclass‘s Internet site, even if Bard Masterclass or a Bard Masterclass authorized representative 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.
11. REVISIONS AND ERRATA
The materials appearing on Bard Masterclass‘s web site could include technical, typographical, or photographic errors. Bard Masterclass does not warrant that any of the materials on its web site are accurate, complete, or current. Bard Masterclass may make changes to the materials contained on its web site at any time without notice. Bard Masterclass does not, however, make any commitment to update the materials.
12. LINKS TO OTHER WEBSITES, PRODUCTS, AND SERVICES
Bard Masterclass may contain links to third-party web sites, products, or services that are not owned or controlled by Bard Masterclass.
Bard Masterclass has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites, products, or services. You further acknowledge and agree that Bard Masterclass shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, web sites, products, goods or services available on or through any such web sites or services. Bard Masterclass has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Bard Masterclass of the site. Use of any such linked web site is at the user’s own risk.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
13. COPYRIGHT POLICY
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement (“Infringement”) of any person.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing through our Contact Form and include in your notice a detailed description of the alleged Infringement.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.
14. RELEASE AND INDEMNITY
By agreeing to the Terms, you hereby acknowledge, that “You”, on behalf of yourself and any partners, members, operators, managers, affiliates, subsidiaries, predecessors, successors, assigns, admins, officers and the partners and affiliates of its partners, members, operators and managers (collectively, the “Releasors”), hereby irrevocably and unconditionally release and forever discharge Bard Masterclass, its affiliates, and its owner, a limited liability company, and each of their beneficiaries, trustees, owners, predecessors, successors, assigns, admins, agents, officers, directors, shareholders, employees, Site administrators, servicers, representatives, attorneys, and affiliates, and all persons acting by, through, under, or in concert with any of the aforesaid persons, or entities or persons (collectively, “Releasees”), from and against any and all liability, and from and against any and all causes of action, including any and all suits, covenants, contracts, agreements, debts, liens, obligations, liabilities, claims, demands, damages, judgments, executions, losses, orders, penalties, costs and expenses, including, without limitation, attorneys’ fees, of any kind or nature whatsoever, known or unknown, suspected or unsuspected, fixed or contingent, liquidated or unliquidated, which any of the Releasors ever had or now have or hereafter may have, whether in law or in equity, based upon, or related to, whether directly or indirectly, to the Site or use thereof. Releasors further agree to defend, indemnify, and hold Releasees harmless from and against any claims, actions or demands, liabilities and settlements, including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, Releasors’ violation of these Terms.
Bard Masterclass makes no claims that may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. The following provisions survive the expiration or termination of these Terms for any reason whatsoever: Content; Third Party Content, Sites, and Services; Termination of Account; Disclaimer of Warranties; Release and Indemnity; Jurisdiction; and Complete Agreement.
16. WARRANTY AND LIABILITY
The Product and Website are provided without any kind of warranty, either express or implied. We disclaim all warranties of merchantability, fitness for a particular purpose, and non-infringement. We are not liable for any damages or losses arising from your use of the Product or Website.
17. SALES AND REFUND POLICY
All sales are final. We do not provide any refunds for the Product purchased.
18. JURISDICTION AND GOVERNING LAW
These terms and conditions are governed by and construed in accordance with the laws of Ontario, Canada. Any disputes relating to these terms and conditions shall be subject to the jurisdiction of the courts of Ontario, Canada.
19. CHANGES TO THE TERMS
We reserve the right to amend this Agreement at any time. Any changes made will be effective immediately upon posting on this page. We encourage you to review this page regularly for any changes. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
By purchasing the Product, you acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions.
21. CONTACT US
If you have any questions or concerns about this Agreement, please contact us.