TERMS  &  CONDITIONS

Updated July 31, 2020.

 

The Better Professional, LLC is a protocol and etiquette consultancy based in Boston, MA, offering courses on a special project basis nationally and internationally.

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COVID-19 

The day before an in-person course we will ask that each client informs us if they, or anyone they have come into contact with in the last seven days, has knowingly had symptoms of COVI-19 or tested positive for COVID-19. If a registered client develops symptoms of COVID-19 or is tested positive we will offer a full refund to the client. We reserve the right to ask to see a medical note or results of the test.
We are constantly reviewing the guidelines from the CDC and WHO and should the situation in the location of the in-person course worsen, we will take the appropriate action and postpone all courses. Clients will be able to transfer their course to another date or an online course, if available.

All in-person courses will follow all local and national laws and guidelines, as well as venue mandates. All in-person students are required to wear a mask. If an individual arrives without a mask, a disposable mask will be provided. Seating will be arranged to comply with 6-feet social distancing guidelines.

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The Better Professional Individual Consulting

The Better Professional will provide “Preliminary Works” meaning all artwork such as concepts, sketches, or proposed designs, documents, or files developed by The Better Professional. “Final Deliverables” means the final versions of the work product provided by The Better Professional and approved by the Client.

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Because Preliminary Works are essentially “works in progress,” the Client agrees that it does not have any rights to use, and will not use, Preliminary Works in any way, unless The Better Professional gives Client written or email permission to do so. For example, the Client will not incorporate Preliminary Works into its website, use them in marketing materials, or post them on any social media platform.

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The Client agrees that The Better Professional owns all copyrights and intellectual property in all Preliminary Works and Final Deliverables. The Client agrees the Final Deliverables were not created as a work made for hire under the U.S. Copyright Act.

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The methods of payment accepted by The Better Professional Business Consulting include credit or debit cards, and checks made payable to The Better Professional LLC. An invoice is sent at the end of each month reflecting completed projects for the client. Client has up to thirty days from the date of invoice to pay 100% in full. Prices are given in USD (United States Dollar).

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Upon payment in full of all fees, costs, and expenses due, The Better Professional grants to Client a perpetual non-exclusive license of the rights to copy, display, transmit and create derivative works of the Final Deliverables, including for use in its own trade or service mark. The Client may not sell or transfer the Final Deliverables to any third party for use by that third party, except on the Client’s behalf. For example, the Client may make minor updates or changes to the Final Deliverables but may not use them for new or different projects, or as a template for other projects.

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Client’s use of Preliminary Work or Final Deliverables other than that expressly authorized in this agreement or by a separate written assignment is not permitted (“Unauthorized Use”). Client agrees to pay liquidated damages of five (5) times the total contract price in the event of Client’s Unauthorized Use, in addition to any legal or equitable remedies The Better Professional may be entitled to pursue. This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use.

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All materials created by The Better Professional and given to the client through any medium will be then owned by the client.

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The Better Professional Business Consulting

The Better Professional Business Consulting reserves the right to modify the consulting dates, times, itineraries, content, and prices pending availability and offerings of suppliers and staff. Video or audio recordings of any consulting session materials given by The Better Professional is strictly prohibited.

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The methods of payment accepted by The Better Professional Business Consulting include credit or debit cards, and checks made payable to The Better Professional LLC. Upon registration, 100% of the course is to be paid in full to confirm registration. Prices are given in USD (United States Dollar)

 

A non-refundable booking fee of 50% will be deducted from all refunds upon cancellation of Business Consulting. No refund will be given for Business Consulting within two weeks of the scheduled date.

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The Better Professional reserves the right to cancel a course at any date or time for any unforeseen circumstance, including, but not limited, to inclement weather. In the case that The Better Professional may need to cancel a consulting session, it will be rescheduled and clients to be notified with as much advanced notice as possible.

 

Client travel will not be reimbursed.

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Please note that some courses may be filmed. You may be asked to sign a release before these classes begin and notified in advance that a class will be filmed. The Better Professional reserves the right to edit course content and programming at any time.

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The Better Professional Private Coaching Program

The Better Professional Private Coaching program reserves the right to modify the webinar or in-person course dates, times, syllabus, content, and prices pending availability and offerings of suppliers and staff.

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The Better Professional Private Coaching program virtual or in-person is not refundable. Prices are given in USD (United States Dollar). Course costs listed remain solidified only once payment is made and costs may change up until the class is booked.

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Refunds will not be offered for The Better Professional Private Coaching program course content that is not covered due to time restraints of the course time booked. The course cannot be canceled or rescheduled within two (2) weeks for this service offered.

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The Better Professional Tailored For You Services

The Better Professional will provide “Preliminary Works” meaning all artwork such as concepts, sketches, or proposed designs, documents, or files developed by The Better Professional. “Final Deliverables” means the final versions of the work product provided by The Better Professional and approved by the Client.

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Because Preliminary Works are essentially “works in progress,” the Client agrees that it does not have any rights to use, and will not use, Preliminary Works in any way, unless The Better Professional gives Client written or email permission to do so. For example, the Client will not incorporate Preliminary Works into its website, use them in marketing materials, or post them on any social media platform.

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The Client agrees that The Better Professional owns all copyrights and intellectual property in all Preliminary Works and Final Deliverables. The Client agrees the Final Deliverables were not created as a work made for hire under the U.S. Copyright Act.

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Upon payment in full of all fees, costs, and expenses due, The Better Professional grants to Client a perpetual non-exclusive license of the rights to copy, display, transmit and create derivative works of the Final Deliverables, including for use in its own trade or service mark. The Client may not sell or transfer the Final Deliverables to any third party for use by that third party, except on the Client’s behalf. For example, the Client may make minor updates or changes to the Final Deliverables but may not use them for new or different projects, or as a template for other projects.

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Client’s use of Preliminary Work or Final Deliverables other than that expressly authorized in this agreement or by a separate written assignment is not permitted (“Unauthorized Use”). Client agrees to pay liquidated damages of five (5) times the total contract price in the event of Client’s Unauthorized Use, in addition to any legal or equitable remedies The Better Professional may be entitled to pursue. This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use.

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Email Submission: "Complimentary Downloadable" & "Welcome"

The Better Professional offers a pdf complimentary downloadable in exchange for subscription to The Better Professional's private email list. Email list is not sold and is only for The Better Professional to contact the customer at The Better Professional's discretion. Customer has the right to unsubscribe from the email list.

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Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

You must be at least 18 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.

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Cookies

This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to The Better Professional’s use of cookies by the terms of The Better Professional’s privacy policy/cookies policy.

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License to Use Website

Unless otherwise stated, The Better Professional and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

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You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You may not:

• Republish material from this website (including republication on another website);

• Sell, rent, or sub-license material from the website;

• Show any material from the website in public;

• Reproduce, duplicate, copy or otherwise exploit material on this website for any reason including commercial purpose;

• Edit or otherwise modify any material on the website; or

• Redistribute material from this website except for content specifically and expressly made available for redistribution.

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Acceptable Use

You may not use this website in any way that causes or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

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You may not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.

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You may not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or to this website without The Better Professional's express written consent. You may not link this website to any other without written consent from The Better Professional. WE/I/US refers to the business entity of The Better Professional.

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You may not use this website to transmit or send unsolicited commercial communications.

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You may not use this website for any purposes related to marketing without The Better Professional’s express written consent.

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Restricted access

Access to certain areas of this website is restricted. The Better Professional reserves the right to restrict access to areas of this website, or indeed this entire website, at The Better Professional’s discretion.

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If The Better Professional provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

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The Better Professional may disable your user ID and password at The Better Professional’s sole discretion without notice or explanation.

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User Content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material, and audio-visual material) that you submit to this website, for whatever purpose.

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You grant to The Better Professional a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to The Better Professional the right to sub-license these rights, and the right to bring an action for infringement of these rights.

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Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or The Better Professional or a third party (in each case under any applicable law).

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You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or another similar complaint.

The Better Professional reserves the right to edit or remove any material submitted to this website, or stored on The Better Professional’s servers, or hosted or published upon this website.

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Notwithstanding The Better Professional’s rights under these terms and conditions about user content, The Better Professional does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

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No Warranties

This website is provided “as is” without any representations or warranties, express or implied. The Better Professional makes no representations or warranties in relation to this website or the information and materials provided on this website.

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Without prejudice to the generality of the foregoing paragraph, The Better Professional does not warrant that:

• this website will be constantly available, or available at all; or

• the information on this website is complete, true, accurate, or non-misleading.

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Nothing on this website constitutes or is meant to constitute, advice of any kind.

 

Limitations of liability

The Better Professional will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

• To the extent that the website is provided free-of-charge, for any direct loss;

• For any indirect, special, or consequential loss; or

• For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if The Better Professional has been expressly advised of the potential loss.

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Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit, and nothing in this website disclaimer will exclude or limit The Better Professional liability in respect of any:

• Death or personal injury caused by The Better Professional negligence;

• Fraud or fraudulent misrepresentation on the part of The Better Professional or matter which it would be illegal or unlawful for The Better Professional to exclude or limit, or to attempt or purport to exclude or limit, its liability.

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Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

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Other Parties

You accept that, as a limited liability entity, The Better Professional has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against The Better Professional officers or employees in respect of any losses you suffer in connection with the website.

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Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Beaumont Etiquette trainers, employees, agents, subsidiaries, successors, assigns, and sub-contractors as well as The Better Professional.

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Unenforceable Provisions

If any provision of this website disclaimer is or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

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Indemnity

You hereby indemnify The Better Professional and undertake to keep The Better Professional indemnified against any losses, damages, costs, liabilities, and expenses (including without limitation legal expenses and any amounts paid by The Better Professional to a third party in settlement of a claim or dispute on the advice of The Better Professional's legal advisers) incurred or suffered by The Better Professional arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

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Breaches of These Terms and Conditions

Without prejudice to The Better Professional other rights under these terms and conditions, if you breach these terms and conditions in any way, The Better Professional may take such action as The Better Professional deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

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Variation

The Better Professional may revise these terms and conditions from time to time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

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Assignment

The Better Professional may transfer, sub-contract, or otherwise deal with The Better Professional rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract, or otherwise deal with your rights and/or obligations under these terms and conditions.

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Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

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Entire Agreement

These terms and conditions, together with The Better Professional’s Privacy Policy, constitute the entire agreement between you and The Better Professional in relation to your use of this website and supersede all previous agreements in respect of your use of this website.

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Law and Jurisdiction

These terms and conditions will be governed by and construed in accordance with Massachusetts state law, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of Massachusetts state law.

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Registrations and Authorizations

The Better Professional is an LLC registered company in Boston, Massachusetts.