TERMS OF PURCHASE – CLEAR SPRING BUSINESS ANALYSIS LLC

BUSINESS ANALYST TEMPLATE PACKAGES

By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, You (“Customer” or “You”) agree to be provided with products, programs, or services by CLEAR SPRING BUSINESS ANALYSIS LLC (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:

1. TERMS.
   (a) Upon execution of this Agreement, electronically, verbally, or otherwise, the Company agrees to provide services in accordance with the Business Analyst Templates and Toolkits Products.
   (b) The scope of products and services rendered by the Company pursuant to this Agreement shall be solely limited to those contained therein and/or provided for on Company’s Website found at: https://www.bridging-the-gap.com/business-analyst-templates/ (“Website”) as part of the specific Business Analyst Template Package (“Package”) selected by the Customer.
   (c) Customer is responsible for his/her own success and implementation of objectives met.
   (d) The Program includes the following:
   1. Templates and toolkits to improve business analysis process
   2. Other worksheets, PDFs

2. LICENSE TERMS. Through purchase herein the Customer receives one single use license of the contents within the Package selected. Customer does have permission to edit the non-PDF templates with his/her own branding.  Customer may personally utilize the Package and share its content with team members and/or stakeholders for purposes of achieving Customer’s goals; but may not give any contents of the Package to team members or a third-party for their use.

3. PAYMENT AND REFUND POLICY.
   (a) Upon execution of this Agreement, Customer agrees to pay to the Company the full purchase amount.
   (b) If Customer is dissatisfied, you may request a refund via email to info(at)bridging-the-gap(dot)com within thirty (30) days. After this time period, refunds will be given at Company’s discretion only.

4. DISCLAIMERS. By purchasing the Package, Customer acknowledges that the Company is not providing financial, legal, or other professional advice. The content provided does not replace use of a qualified professional. Customer acknowledges that Company has not and does not make any representations as to a future outcome of any kind that may be derived as a result of use of this Package, Company’s Website, or other programs, products or services.Any testimonials, earnings, or examples shown through Company’s website are only examples of what may be possible for Customer. There can be no assurance as to any particular outcome based on the use of Company’s templates, spreadsheets, and/or other content.The Company may provide the Customer with information relating to products or services that the Company believes might benefit the Customer, but such information is not to be taken as an endorsement. The Company is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party.

5. INTELLECTUAL PROPERTY RIGHTS. In respect of the documents specifically created for the Customer as part of this Package, the Company maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Company to the Customer, nor grant any right or license other than those stated in this Agreement. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the content within the Package, in whole or in part without our prior written consent.

6. NON-DISPARAGEMENT. The Parties agree and accept that the only venue for resolving a dispute shall be in the venue set forth herein below. The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Customer nor any of Customer’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, affiliates, subsidiaries, employees, agents or representatives.

7. DISCLAIMER OF WARRANTIES. The information, education, and other content provided to the Customer by the Company under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.

8. LIMITATION OF LIABILITY. By using Clear Spring Business Analysis LLC products and purchasing this Package, Customer accepts any and all risks, foreseeable or non-foreseeable, arising from such transaction. Customer agrees that Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Package. Customer agrees that use of this Package is at user’s own risk.

9. DISPUTE RESOLUTION. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Denver, Colorado or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.

10. GOVERNING LAW AND SEVERABILITY. This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of Colorado, regardless of the conflict of laws principles thereof. If any part of this Agreement is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.

11. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.