Terms for the Purchase of Online & Taught Courses
These terms and conditions are in addition to the Website Disclaimer, Terms & Conditions and Privacy Policy. They apply to the sale of any Online Course and/or Taught Course.
Please read these terms and conditions carefully before purchasing an Online Course and/or Taught Course and print off a copy for your records.
These terms and conditions apply to Services provided by KKB Solutions LLC, Kris Burbank, and Embracing Another Normal of 23 East Main Street, P.O. Box 486, Mystic, Connecticut, 06355, USA, also referred to throughout these terms as “we” and “us.”
For purchases via this website, by clicking on the “Accept” button you agree to the terms of this binding agreement. If you do not agree to these terms and conditions you must cease to continue your purchase from us.
1. Definitions
“Course Materials” means the information provided by us to accompany a course provided in hard copy or electronic form as part of the Services.
“Fees” means the fees paid by you to us for the Course.
“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to intellectual property rights (registered or unregistered) throughout the world.
“Online Course” means the delivery by us of an online course pursuant to which you learn course materials remotely.
“Services” means the provision of the Online Course and/or the Taught Course and/or the Course Materials together with such other services as agreed from time to time and purchased by you through the Website.
“Taught Course” means a course taught by us virtually or in person, which you attend.
“Website” means www.krisburbank.com and https://kris-burbank.mykajabi.com
“You” means the individual purchasing the Services.
2. The Services
2.1. Services include all courses and related communications between us and you. We will provide the Services with reasonable care and skill in accordance with the description set out on the Website.
2.2. We reserve the right to vary or withdraw any of the Services described on the Website without notice.
2.3 We do not make any guarantee to you that you will obtain a particular result from your purchase and completion of any of the Services.
3. Purchasing Services via the Website
3.1. In order to purchase any of the Services online, you must register for an account with us via the Website. Â
3.2. Following receipt by us of your order for Services via the Website, we will contact you confirming receipt of your order.Â
3.3. A legally binding agreement between us and you shall come into existence when we have:
(a) accepted your offer to purchase Services from us by sending you an email confirming the purchase; and
(b) received payment of the relevant Fees from you in accordance with clause 5 below.
4. Cancellation and Variation
4.1. Once we have accepted / confirmed the Services being purchased by you and formed a legally binding agreement with you in accordance with clause 3.3 above, no cancellations of that purchase shall be permitted.
5. Fees
5.1. The Fees for the Services shall be as set out on the Website at the time you placed an order for them.Â
5.2. Unless otherwise specified at the time you purchase the Services, the Fees are not inclusive of local taxes. Â
5.3. Fees for the Service selected by you on the Website shall be debited from your credit / debit card at the time of purchase. Fees must be paid in full prior to you attending any Taught Course or accessing any Online Course.
5.4. Any fees charged by your debit or credit card provider in connection with your purchase of Services are for your own account and we shall not be responsible for these.
5.5. You shall be responsible for all costs you incur in connection with your attendance at any Taught Courses or your access onto any Online Course.
6. Liability
6.1. No part of the provision of the Services shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of medical, legal, educational, or financial advice.
6.2. Although KKB Solutions LLC aims to provide the Services to the highest standards of the industry, we accept no liability for any inaccuracy or misleading information provided in the program or related materials.
6.3. Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties, or other terms shall apply to the Services. Â
6.4. Subject to clause 6.5 below, KKB Solutions LLC’s total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Services (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Online Course or Taught Course in relation to which a dispute has arisen.
6.5. Nothing in this Agreement shall exclude or limit KKB Solutions LLC’s liability for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation or (iii) any other matter which under U.S. law may not be limited or excluded.
7. Intellectual Property
7.1. All Intellectual Property Rights in the Course Materials, Online Courses and the presentations made by us at the Taught Courses are, and remain, the intellectual property of KKB Solutions LLC and Kris Burbank.
7.2. In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive license to use the Course Materials and the software in respect of the Online Course for the educational and personal use only. Â
7.3. You are not authorized to:
(i) copy, modify, reproduce, re-publish, sub-license, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission from KKB Solutions LLC;
(ii) record on video or audio tape, relay by videophone or other means the Online Course or Taught Course given
(iii) use the Course Materials in the provision of any other course or training whether given by us or any third party trainer;
(iv) remove any copyright or other notice of KKB Solutions LLC, Kris Burbank, and Embracing Another Normal on the Course Materials;
(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Courses.
Breach by you of this clause 7.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to access to the Online Courses.
8. Termination
8.1. We shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you:
- fail to pay;
- act in an aggressive, bullying, offensive, threatening or harassing manner towards any employee of KKB Solutions LLC, any teacher or lecturer who provides the Taught Courses or any student who attends any Taught Course;
- are in breach of these terms and conditions.
8.2. On termination clause 6 (liability) and 7 (intellectual property rights shall continue notwithstanding such termination.
9. Assignment
Any Services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person.
We shall be entitled to assign these terms and conditions to any other company without prior notice to you.
10. Entire Agreement
These terms and conditions, together with the Website Disclaimer and Terms and Conditions are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us. Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.
11. Refunds
We reserve the right to issue you a full or partial refund if you are not completely satisfied with your purchase of an Online or Taught Course and can provide proof of completion of the entire course.Â
Please direct your request for said refund in writing to: KKB Solutions LLC, P.O. Box 486, 23 East Main Street, Mystic, CT 06355Â
12. Law and Jurisdiction
This Agreement is subject to Connecticut state law and the parties submit to the exclusive jurisdiction of the Connecticut courts in connection with any dispute hereunder.
13. Notices
You can contact us by any of the following methods:
Email:Â [email protected]
Mail: KKB Solutions LLC, P.O. Box 486, 23 East Main Street, Mystic, CTÂ 06355