Terms of Agreement
By clicking on the “I agree to the Terms and Conditions” box on the check out page, you irrevocably agree that, because Nicole Cichocki of Truth, Beauty, and Goodness (the “Company”) has approved you to teach the Embeautyment Session (the “Curriculum”), this Embeautyment Session Curriculum Licensing Agreement (the “Agreement”) is automatically a binding contract between you and the Company.
This agreement is by and between Truth, Beauty, and Goodness (“TBG” or "Licensor"), and Licensee (“Licensee” or “You”). All TBG course curriculum material (“Curriculum Material”) is the copyrighted intellectual property of TBG. Unauthorized reproduction or distribution of the Curriculum Material is expressly prohibited.
The Curriculum Material is licensed, not sold, to You by TBG for use only under the terms of this license, and TBG reserves all rights as to the use and ownership of the Curriculum Material. As Licensee, You are responsible for the installation, management, and operation of all electronic data and hardware devices on which the Curriculum Material is stored.
Grant of License:
Subject to your compliance with the terms of this agreement, TBG grants You permission to:
1) Copy the Curriculum Material to Licensee's computer only if there is a mechanism to prevent unauthorized access and prevent unauthorized copies of TBG Curriculum Material from being made. You are not authorized to place TBG Curriculum Material on any electronic forums, the Internet, the World Wide Web, or any other electronic area accessible to the public or unauthorized users.
2) Print the Curriculum Material solely for the purpose of Licensee’s study, or facilitation support. Distribution of Curriculum Material by Licensee is strictly prohibited.
3) Deliver the curriculum as an in person workshop form.
Under this agreement, except as provided above, You may not:
1) Copy or reproduce in any format all or any portion of TBG Curriculum Material other than to use it within Licensee’s system for the purpose of teaching Licensee’s students.
2) Modify, adapt, translate, or create derivative works based upon TBG Curriculum Material or any part thereof.
3) Rent, lease, loan, distribute, or sub-license all or any portion of TBG Curriculum Material.
4) Alter or remove any copyright, trademark or other proprietary notices or legends contained on or in the Curriculum Material.
5) Claim ownership and/or authorship of any works in the TBG Curriculum Material.
6) Deliver the Curriculum Material as an online / digital learning workshop, in a conference or retreat setting.
TBG - Education Edition Curriculum Licensing Agreement
Under the terms of this agreement, You agree to keep any information contained herein confidential and to protect TBG Curriculum Material from unauthorized distribution or use.
This license is effective for a one year term, and shall automatically renew with the annual Embeautyment Certification renewal. This license will terminate immediately without notice from TBG or by judicial resolution if You fail to comply with any provision of this license.
Once this license terminates, You must immediately cease using or accessing the Curriculum Material and delete all copies of the Curriculum Material from your network and from any other storage devices upon which they reside and send TBG notice in writing that You have done so. TBG shall have the right to inspect Licensee’s network system to ensure such deletion upon reasonable notice to Licensee. TBG reserves the right to immediately terminate access to Curriculum Material upon termination of this license.
Disclaimer, Limitation of Remedies and Damages:
TBG is providing the Curriculum Material “AS IS” and makes no warranties regarding the Curriculum Material, and disclaims all implied warranties, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In no event will TBG or its licensors, or any directors, officers, members, employees, or affiliates of any of the foregoing, be liable to You or anyone else for any consequential, incidental, indirect, special or punitive damages whatsoever (including without limitation, damages for loss of business profits, business interruption, loss of business information, and the like), whether foreseeable or unforeseeable, arising out of the use of or inability to use the software or accompanying written materials contained in the Curriculum Material, regardless of the basis of the claim and even if TBG or an TBG representative has advised such person of the possibility of such damage. TBG liability to You or any other person for direct damage for any cause whatsoever, and regardless of the form of the action, will be limited to the amount You paid for the product.
You agree to indemnify, defend and hold harmless TBG, its agents, officers, directors, members, employees, affiliates, successors and assigns from an against any action, claim, damage or liability, including reasonable costs and attorney’s fees arising out of or relating to your breach of this agreement, including the unauthorized use of the Curriculum Material by You, your employees or your students, or any damages caused by such unauthorized use of the Curriculum Material.
TBG - Education Edition Curriculum Licensing Agreement
In any lawsuit, action or proceeding to enforce the terms of this license, the prevailing party shall be entitled to all reasonable costs and attorney's fees. This license will be construed under the laws of the State of New York, except for that body of law dealing with conflicts of law. If any provision of this license shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this license will remain in full force and effect. This agreement is the entire agreement between TBG and You relating to the Curriculum Material and replaces any previous agreement regarding the Curriculum Material. The Disclaimer, Limitation of Remedies and Damages section and the Indemnity section shall survive termination of this agreement.
By clicking on the “I agree to the Terms and Conditions” box on the check out page, you are acknowledging that you have read, agree to, and accept all of the Terms and Conditions contained in this Agreement. We may amend this Agreement at any time by sending you a revised version to the contact details you have provided us.