Terms and Conditions

Applicability. This Agreement covers:

• Your access and use of www.thebudtenderacademy.com and any other educational website(s) operated by TBA (collectively, the “Sites”);

• Your free trial, purchase of, or subscription to online education content accessible via the Sites (the “Online Services”);

• Any and all user’s manual(s), instructor’s manual(s), course material(s), video material (including Course Videos, as defined below), audio material, text, images, graphics, and other content available on the Sites or in any other way by or on behalf of TBA in connection with your access, download and/or use of the Online Services (the “Content”). 

By using the Sites, or by clicking the “I agree” checkbox, you accept and agree to be legally bound by these Terms of Use, whether or not you are a registered user of a Site. If any of these Terms of Use is unacceptable to you, do not use the Sites.

Eligibility. You represent and affirm that you are either 18 years of age or older, or possess legal parental or guardian consent, and that you are fully competent to use the Sites and to enter into and comply with these Terms of Use. The Sites are not intended for anyone under 18 years of age. USE OF THE SITE BY ANYONE UNDER 18 YEARS OF AGE IS NOT AUTHORIZED. If you are under 18, do not use or provide any information on this Website, register on the Website, make any purchases through the Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any username you may use.

If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information and cancel any associated account. If you believe we might have any information from or about a child under 18, please contact us at support@thebudtenderacademy.com.

Changes Are Binding. We may change these Terms of Use from time to time without advance notice. Your use of the Site or any of its content after any changes have been made will constitute your agreement on a prospective basis to the modified Terms of Use and all of the changes. Accordingly, you should read these Terms of Use from time to time for any changes.

Use of the Site and Content. You may only make noncommercial uses of the Site and the Content. You may access the Course Videos for your own personal use; you may not retransmit, publish, distribute, display or otherwise make available any of the Course Videos or other Content to others. In no event may you alter or modify the Course Videos or any other Content, including, without limitation, by adding any advertisement or other material or by interfering with the viewing of any Content. You agree to retain all copyright and other notices on any Content you obtain from the Site. None of the foregoing restrictions will apply to your own User Content (as defined below).

Rules of Conduct. Account holders will be able to participate in online discussion forums and to submit or post comments, profiles and/or other content on the Site (collectively, “User Content”). You are solely responsible for any User Content you post or submit to the Sites, and for the consequences of posting or submitting it. By posting or submitting User Content to the Site, you grant us the nonexclusive, worldwide, irrevocable, fully paid, perpetual right and license to use, reproduce, prepare derivative works of, distribute, display, perform, and otherwise make available your User Content in connection with the Sites and for our broader educational purposes, including without limitation for promoting or redistributing part or all of the Sites (and derivative works thereof) in any manner or media, and to authorize others to do the foregoing. By posting or submitting User Content to the Sites, you represent and warrant that you have the right to grant us the foregoing rights, and that neither your User Content nor our use of it as permitted under the foregoing license will infringe or violate anyone else’s rights. You agree not to submit or post any content, or engage in any other activity in connection with the Sites, that:

• Is obscene or contains pornography

• Violates any law or regulation

• Is intentionally false or misleading

• Defames, threatens, or harasses anyone

• Is harmful, dangerous, abusive, or intended to incite violence or any act(s) of hate

• Contains or utilizes any computer virus, other malicious code, or program that may damage or interfere with the operation of any system, or may unlawfully intercept any data or personal information

• Contains or consists of advertising or any form of commercial solicitation or activity

• Infringes anyone’s copyright, patent, trademark or other proprietary rights, or rights of privacy or publicity 

• Otherwise interferes with the functioning of the Sites or other users’ use or enjoyment of the Site

We have no obligation to monitor or take action with respect to User Content but we reserve the right to remove any User Content that we believe violates the above standards or any other provision of these Terms of Use, and to terminate the applicable user’s account and right to use the Site, in addition to any other rights or remedies available to us. We do not approve or endorse any User Content, and you agree that we will have no responsibility or liability in connection with your use of any User Content.

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “worms,” “Trojan horses,” or other automated programs to access the Site. You will not obtain or attempt to obtain any personally identifiable information from any other users or third parties from the Site.

Copyright and Other Protection. Copyright, trademark and other laws protect the Sites and all Content. The Content consists in part of the 4Ps of Budtending, the written content, images, and the series of videos of TBA courses (the “Course Videos”). You may use the Site and the Content only in the manner and for the purposes specified in these Terms of Use, which is for personal use only. The Content may not be duplicated, copied, or reproduced to be used for any commercial purposes. 

Fair Use. Nothing herein is intended to restrict you from making uses of Content that, in the absence of permission granted under these Terms of Use, would not infringe or violate TBA or anyone else’s copyright, trademark, or other rights.

Reservation of Rights. All rights in the Sites and the Content that are not expressly granted are reserved. You agree to use the Sites and the Content only in ways that comply with all applicable laws, as well as with these Terms of Use, and that do not infringe or violate anyone’s rights.

No Implied License. Nothing in these Terms of Use or on the Sites does grant or will be construed as granting you any right or license to use any trademarks, service marks, or logos displayed on the Site. You agree not to use or register any name, logo, or insignia of TBA or any of its subdivisions for any purpose except with our prior written approval and in accordance with any restrictions required by us.

Copyright Complaints. We respect the intellectual property rights of others. If you believe your copyright has been violated on the Site, please notify us as set forth below. Please direct all other communications concerning the Site to support@thebudtenderacademy.com.

Notices. If you are a copyright owner or an agent thereof and believe that any part of the Site infringes upon your copyright(s), you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing TBA’s Copyright Agent (identified below) with the following information in writing:

• A physical or electronic signature of a person authorized to act on behalf of the owner of the work that is allegedly infringed;

• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit TBA to locate the material;

• Information reasonably sufficient to permit us to contact you, such as an address, telephone number or email address;

• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and

• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Copyright Agent. Our designated Copyright Agent to receive notifications of claimed infringement is support@thebudtenderacademy.com. Only claimed infringement notifications may be sent to the Copyright Agent.

User Accounts. You may register with the Sites and establish a student account. By registering, you agree to provide accurate and complete information when creating or updating your account. You are solely responsible for all activity that occurs on your account and for making payment for all Content in full when due. You must keep your account password secure. You agree to notify us immediately of any unauthorized use of your account or other breach of security. You may not use another person’s account without permission.

The certification provided will be in the name of the student registered only. By registering with your first and last name as a student, you agree that the registered name matches your identity and that you will be the one taking and completing the courses. We reserve the right to terminate your account if we determine that you are in violation of any term(s) of these Terms of Use or fail to comply with our requests concerning your account.

Nonpayment. If for any reason TBA is unable to charge your payment method for the full amount owed for the Online Services purchased or ordered by you, or if TBA receives notification of a chargeback, reversal or payment dispute, or is charged a penalty for any fee it previously charged to your payment method, TBA may deem such nonpayment or penalty a material breach of this Agreement by you. If you do not cure such breach within 10 days after receiving notice from TBA, TBA may suspend any or all Services. If such breach is not cured by you within 30 days after receiving notice from TBA, TBA may pursue all available lawful remedies in order to obtain payment, including costs of collection.

• Refunds: The Service is billed in advance on a monthly or annual basis (whichever you picked upon enrollment) and is non-refundable after the first 48 hours and if any of the quizzes or courses have been completed. There will be no refunds or credits for partial months or years of service, upgrade/downgrade refunds, or refunds for time unused with an open account. 

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• Downgrading or canceling your Service may cause the loss of content, features, progress tracking, or capacity of your account. TBA does not accept any liability for such loss.

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• Cancellation and Termination: All your personal content, progress, account information, and history will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is canceled. If you cancel the Service before the end of your current paid up subscription, your cancellation will take effect immediately. TBA, in its sole discretion, has the right to suspend or terminate your account and refuse all current or future use of the Service, or any other TBA service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. TBA reserves the right to refuse service to anyone for any reason at any time. If for any reason TBA is unable to charge your payment method for the full amount owed for the Services purchased or ordered by you, or if TBA receives notification of a chargeback, reversal, or payment dispute, or is charged a penalty for any fee it previously charged to your payment method, TBA may deem such nonpayment or penalty a material breach of this Agreement by you. If you do not cure such breach within five (5) days after receiving notice from TBA, TBA may suspend any or all Services. If such breach is not cured by you within 10 days after receiving notice from TBA, TBA may pursue all available lawful remedies to obtain payment, including costs of collection.

Account and Records. TBA also reserves the right to charge you any direct costs, plus reasonable administrative fees or processing fee, up to $50/hour for: (i) tasks TBA may perform outside the normal scope of its Services; (ii) additional time and/or costs TBA may incur in providing its Services; and/or (iii) your noncompliance with this Agreement (as determined by TBA in its sole and absolute discretion). Typical administrative or processing fee scenarios include, but are not limited to: (A) customer service issues that require additional personal time or attention; (B) recouping any and all costs and fees, including the cost of Services, incurred by TBA as the results of chargebacks or other payment disputes brought by you, your bank or payment method processor; and (C) reshipping of certification and/or pin for any reason. These administrative fees or processing fees will be billed to the payment method you have on file with TBA.

Links. Any links on the Sites to third-party web sites are provided solely as a convenience to you. We do not approve or endorse the content of linked third-party sites, and you agree that we will have no responsibility or liability in connection with your use of any linked third-party sites.

HIPAA. Our Services do not contain any protected health information. You agree that you will not post protected health information in violation of HIPAA. You may report a suspected HIPAA violation to us at support@thebudtenderacademy.com.

Termination; Discontinuation. The rights granted to you hereunder will terminate automatically upon any breach by you of these Terms of Use, unless we otherwise specifically agree in writing, but the other provisions of these Terms of Use will survive any such termination. We reserve the right at any time in our sole discretion to cease providing any Content, to change or discontinue any aspect or element of the Sites, or to cease making any Site available.

Disclaimer of Warranties. THE SITES AND THE CONTENT ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR COLLABORATORS, LICENSORS, INSTRUCTORS, CONTENT PROVIDERS (EXCLUDING PROVIDERS OF USER CONTENT), AND DISTRIBUTORS (COLLECTIVELY, OUR “COLLABORATORS”) DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE) REGARDING THE SITE OR THE CONTENT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE AND OUR COLLABORATORS MAKE NO WARRANTY ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, SUFFICIENCY OR QUALITY OF THE SITE OR THE CONTENT, NOR THAT ANY PARTICULAR CONTENT WILL CONTINUE TO BE MADE AVAILABLE. WE DO NOT APPROVE OR ENDORSE ANY USER CONTENT OR CONTENT PROVIDED BY OTHERS. NEITHER OUR COLLABORATORS NOR WE WARRANT THAT THE SITE WILL OPERATE WITHOUT ERROR OR INTERRUPTION, OR THAT THE SITE OR ITS SERVER IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIALS.

Limitations of Liability; Remedies. YOUR USE OF THE SITE AND THE CONTENT IS AT YOUR OWN SOLE RISK. BE AWARE THAT ANY INFORMATION YOU MAY FIND IN THE SERVICES MAY BE INACCURATE, DANGEROUS, ADDICTIVE, UNETHICAL OR ILLEGAL.  The production, manufacturing, distribution and use of cannabis products is illegal under U.S. federal law. You are solely responsible for complying with all applicable federal, state, and local criminal and civil laws.IN NO EVENT SHALL WE OR OUR COLLABORATORS BE LIABLE TO YOU, IN CONTRACT, TORT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER SUCH DAMAGES ARISING OUT OF OR RELATING TO THE SITE OR THE CONTENT, OR YOUR USE OF THE SITE OR THE CONTENT, OR THESE TERMS OF USE, EVEN IF THE SITE OR CONTENT IS DEFECTIVE OR WE ARE NEGLIGENT OR OTHERWISE AT FAULT, AND REGARDLESS OF WHETHER WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, WE OR OUR COLLABORATORS ARE FOUND LIABLE TO YOU (IN CONTRACT, TORT OR OTHERWISE) FOR ANY DAMAGE OR LOSS ARISING OUT OF OR RELATING TO THE SITES OR THE CONTENT, OR YOUR USE OF THE SITE OR THE CONTENT, OR THESE TERMS OF USE, OUR LIABILITY AND THE LIABILITY OF OUR COLLABORATORS SHALL IN NO EVENT EXCEED FIFTY DOLLARS ($50) IN THE AGGREGATE, EVEN IF THE SITE OR CONTENT IS DEFECTIVE OR WE ARE NEGLIGENT OR OTHERWISE AT FAULT. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Indemnity. You agree to indemnify and hold harmless TBA and our Collaborators, and our and their respective officers, fellows, governing board members, directors, employees, and agents, from and against all claims, actions, suits, damages, liabilities, and costs (including, without limitation, reasonable legal fees and costs) arising from or relating to your use of the Sites or any of the Content, your provision of any User Content, and/or your failure to comply with any provision of these Terms of Use.

Release. If you have a dispute with one or more users of the Sites including (without limitation) with respect to any posting, commentary or other Content posted or otherwise provided by any such user on or through the Sites, you release and forever discharge TBA and its affiliates (and all officers, directors, employees, members, shareholders, managers, counsel, insurers, representatives, and agents thereof) from any and all claims (monetary or otherwise), demands, lawsuits, attorneys’ fees, costs, losses, liabilities and/or causes of action, whether under contract, tort, or any other theory of legal liability, and whether presently known or unknown, accrued, liquidated or contingent, arising out of or in any way connected with such dispute. You hereby waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

Applicable Law. The Site is controlled and operated from our facilities in and around Seattle, Washington. The laws of Washington, without regard to its conflict of laws principles, will govern these Terms of Use and any claim or dispute that arises from or relates to your use of the Site or the Content (collectively, “Claims”). If you choose to access our website from locations other than Washington, you will be responsible for compliance with all local laws of those other locations.

Arbitration; Waiver of Jury Trial. You hereby waive any and all rights to a trial by jury and agree that any and all Claims will be heard and resolved exclusively in a binding arbitration pursuant to the process set forth below and waive and agree not to assert any objection to such proceedings (including but not limited to any defense or objection of lack of proper jurisdiction or venue or inconvenience of forum).  The arbitration procedure shall be conducted by a single arbitrator in the manner described in this Section. Within twenty (20) days after either party elects in writing to arbitrate an issue hereunder, the parties shall select a single arbitrator with experience in the provision of online education services or e-commerce. In the event the parties are unable to agree upon the arbitrator within said twenty (20) day period then either party, on behalf of both, may request appointment of such a qualified person by the American Arbitration Association pursuant to the Commercial Arbitration Rules then in force and the other party shall not raise any question as to such person’s full power and jurisdiction to entertain the application therefor and make the appointment. Within fifteen (15) business days following the appointment of the arbitrator, each party shall state in writing its position concerning the dispute supported by the reasons therefor with counterpart copies delivered to the arbitrator. If either party fails timely to submit its position, the position submitted by the other party shall be deemed correct, and the arbitration shall be deemed concluded. The arbitrator shall arrange for a simultaneous exchange of positions. The parties shall then have ten (10) days to respond to the position of the other party with counterpart copies delivered to the arbitrator and exchanged in the same manner. The arbitrator shall select which of the two proposed positions most closely approximates his determination of the correct position and shall have no right to propose a middle ground or any modification of either of the two proposed positions. The position he chooses as most closely approximating his determination shall constitute the decision of the arbitrator and be final and binding upon the parties. In the event of a failure, refusal or inability of the arbitrator to act, his successor shall be appointed by the American Arbitration Association. The arbitrator shall attempt to decide the issue within ten (10) business days after his receipt of the proposed positions. The arbitrator shall have the right to consult experts and competent authorities with factual information or knowledge concerning the dispute and the fees of such authorities shall be an expense of the arbitration. The unsuccessful party in such arbitration shall bear all expenses of such arbitration, including the reasonable attorneys’ fees and costs of the prevailing party.

General. If any provision of these Terms of Use is held to be invalid or unenforceable, that provision, to the extent unenforceable, shall be struck, and shall not affect the validity or enforceability of the remaining provisions. Your rights under these Terms of Use are personal, nonexclusive and nontransferable. Headings are for reference purposes only and in no way define or limit the scope or extent of any provision of these Terms of Use. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Use set forth the entire understanding and agreement between you and us with respect to the subject matter hereof.

PRIVACY POLICY

Protecting your private information is our priority. This Statement of Privacy applies to thebudtenderacademy.com and Elevate Learning LLC. (“Elevate Learning”) and governs data collection and usage. The Elevate Learning website is an education information site. By using the Elevate Learning website, you consent to the data practices described in this statement.

Collection of your Personal Information

Elevate Learning may collect personally identifiable information, such as your name. Elevate Learning may also collect anonymous demographic information, which is not unique to you, such as your age. We may gather additional personal or non-personal information in the future.

Information about your computer hardware and software may be automatically collected by Elevate Learning. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Elevate Learning website.

Elevate Learning encourages you to review the privacy statements of websites you choose to link to from Elevate Learning so that you can understand how those websites collect, use and share your information. Elevate Learning is not responsible for the privacy statements or other content on websites outside of the Elevate Learning website.

Use of your Personal Information

Elevate Learning collects and uses your personal information to operate its website and deliver the services you have requested. Elevate Learning may also use your personally identifiable information to inform you of other products or services available from Elevate Learning and its affiliates. Elevate Learning may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.

Elevate Learning does not sell, rent or lease its customer lists to third parties. Elevate Learning may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. Elevate Learning may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Elevate Learning, and they are required to maintain the confidentiality of your information.

Elevate Learning will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Elevate Learning or the site; (b) protect and defend the rights or property of Elevate Learning; and, (c) act under exigent circumstances to protect the personal safety of users of Elevate Learning, or the public.

Security of your Personal Information

Elevate Learning secures your personal information from unauthorized access, use or disclosure.

Opt-Out & Unsubscribe

We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from Elevate Learning (TBA) by contacting support@thebudtenderacademy.com.

Changes to this Statement

Elevate Learning will occasionally update this Statement of Privacy to reflect company and customer feedback. Elevate Learning encourages you to periodically review this Statement to be informed of how Elevate Learning is protecting your information.

Contact Information