Terms and Conditions
Terms and Conditions
Agreement between User and Beyond the Prophy LLC DBA Jasmin Haley
Welcome to www.beyondtheprophy.com, www.jasminhaley.com, www.breakthroughtoexcellence.com, or www.jasminhaley.shop. Our websites (the "Site") are comprised of various web pages operated by Beyond the Prophy LLC. Our websites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of our websites constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Our websites are an E-Commerce Site and Continuing Education website.
Providing content in the form of blogs, podcasts, articles, coaching, continuing education courses, apparel and continuing education events.
Visiting our websites or sending emails to Beyond the Prophy LLC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
Beyond the Prophy LLC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.beyondtheprophy.com only with permission of a parent or guardian.
Cancellations for in-person events and live in-person webinars: must be sent in writing to [email protected] For all cancellations received 31–60 days prior to the seminar, all but 50% of the course fee will be refunded to the attendee by Beyond the Prophy LLC. For all cancellations received 30 days or less prior to the course, will not be eligible for a refund. Tickets are non-transferable.This policy will be strictly adhered to and reviewed on a case-by-case scenario.
Refund policy for virtual products:
Digital on-demand products are not eligible for a refund. We will do our best to assist you to your satisfaction. Do not hesitate to contact us if you have any further questions or concerns at [email protected]
Refund policy for apparel and products:
Apparel or products are not eligible for a refund or exchange. Do not hesitate to contact us if you have any further questions or concerns at [email protected]
Beyond the Prophy is an AGD PACE provider. AGD PACE provider approval does not imply acceptance by any regulatory authority or AGD endorsement. This means that the customer who takes any continuing education course with Beyond the Prophy of any other AGD PACE provider must check with their current state regulatory agency to determine if they accept particular CE courses. Beyond the Prophy nor any other AGD PACE provider is not liable for any course selection by the customer.
Links to Third Party Sites/Third Party Services
Our websites may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Beyond the Prophy LLC and Beyond the Prophy LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Beyond the Prophy LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Beyond the Prophy LLC of the site or any association with its operators.
Certain services made available via our websites are delivered by third party sites and organizations. By using any product, service or functionality originating from the our websites, you hereby acknowledge and consent that Beyond the Prophy LLC may share such information and data with any third party with whom Beyond the Prophy LLC has a contractual relationship to provide the requested product, service or functionality on behalf of our websites users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Beyond the Prophy LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
Beyond the Prophy LLC content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely or your personal use, and will make no other use of the content without the express written permission of Beyond the Prophy LLC and the copyright owner. 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 Beyond the Prophy LLC or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication
Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Beyond the Prophy LLC has no obligation to monitor the Communication Services. However,
Beyond the Prophy LLC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Beyond the Prophy LLC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Beyond the Prophy LLC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Beyond the Prophy LLC's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Beyond the Prophy LLC does not control or endorse the content, messages or information found in any Communication Service and, therefore, Beyond the Prophy LLC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Beyond the Prophy LLC spokespersons, and their views do not necessarily reflect those of Beyond the Prophy LLC. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to Our Websites or Posted on Any Beyond the Prophy LLC
Beyond the Prophy LLC does not claim ownership of the materials you provide to our websites (including feedback and suggestions) or post, upload, input or submit to any Beyond the Prophy LLC Site or our associated services (collectively "Submissions").
However, by posting, uploading, inputting, providing or submitting your Submission you are granting Beyond the Prophy LLC, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. Beyond the Prophy LLC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Beyond the Prophy LLC's sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Third Party Accounts
You will be able to connect your Beyond the Prophy LLC account to third party accounts. By connecting your Beyond the Prophy LLC account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by Beyond the Prophy LLC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Beyond the Prophy LLC Content accessed through www.beyondtheprophy.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Beyond the Prophy LLC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Beyond the Prophy LLC 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 Beyond the Prophy LLC in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE
OTHER. Further, unless both you and Beyond the Prophy LLC agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BEYOND THE PROPHY LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
BEYOND THE PROPHY LLC 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 ON THE SITE 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. BEYOND THE PROPHY LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
Beyond the Prophy LLC reserves the right, in its sole discretion, to terminate your access to the
Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of North Carolina and you hereby consent to the exclusive jurisdiction and venue of courts in North Carolina in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Beyond the Prophy LLC as a result of this agreement or use of the Site. Beyond the Prophy LLC's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Beyond the Prophy LLC's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the
Site or information provided to or gathered by Beyond the Prophy LLC with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Beyond the Prophy LLC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Beyond the Prophy LLC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Beyond the Prophy LLC reserves the right, in its sole discretion, to change the Terms under which www.beyondtheprophy.com is offered. The most current version of the Terms will supersede all previous versions. Beyond the Prophy LLC encourages you to periodically review the Terms to stay informed of our updates.
Beyond the Prophy LLC welcomes your questions or comments regarding the Terms:
Beyond the Prophy LLC
1249 Kildaire Farm Road, Suite 128, Cary, NC, 27511
Effective as of January 31, 2019