The following is the terms and conditions for use of the Beverly Hills Manners service described herein (the “Service”) between Beverly Hills Manners and you (either an individual or a legal entity that you represent as an authorized employee or agent) (“You”). Please read them carefully. BY COMPLETING THE REGISTRATION PROCESS AND/OR USING THE SERVICE, OR CLICKING THE “SUBMIT REGISTRATION” BUTTON, YOU ARE STATING THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE (“AGREEMENT”). The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.

      1. DEFINITIONS
        • “Account” refers to the billing account for the Service.
        • “Documentation” means any accompanying documentation made available to You by Beverly Hills Manners for use with the Online or In-Person Courses, including any documentation available online or otherwise.
        • “Servers” means the servers controlled by Beverly Hills Manners (or its wholly owned subsidiaries) upon which the Online Courses and Customer Data are stored.
        • “Courses” means any video or course curriculum that is provided by Beverly Hills Manners.
      2. FEES AND SERVICES
        • Beverly Hills Manners may change its fees and payment policies for the Service from time to time including but not limited to the addition of costs for excessive data transfer rates for individual or corporate customers.
        • The changes to the fees or payment policies are effective upon Your acceptance of such changes which will be posted at www.beverlyhillsmanners.com (or such other URL Beverly Hills Manners may provide from time to time). Unless otherwise stated, all fees are quoted in American Dollars. Any outstanding balance becomes immediately due and payable upon termination of this Agreement for any reason and any collection expenses (including attorneys’ fees) incurred by Beverly Hills Manners will be included in the amount owed, and may be charged to the credit card or other billing mechanism associated with your Beverly Hills Manners account.
      3. MEMBER ACCOUNT, PASSWORD, AND SECURITY. To register for the Service, You must complete the registration process by providing Beverly Hills Manners with current, complete, and accurate information as prompted by the registration form, including Your e-mail address (username) and password. You shall protect your passwords and take full responsibility for Your own, and third-party, use of Your accounts. You are solely responsible for any and all activities that occur under Your Account. You agree to notify Beverly Hills Manners immediately upon learning of any unauthorized use of Your Account or any other breach of security. From time to time, Beverly Hills Manners’ (or its wholly-owned subsidiaries) support staff may log in to the Service under Your customer password in order to maintain or improve service, including to provide You assistance with technical or billing issues. You hereby acknowledge and consent to such access.
      4. NON-EXCLUSIVE LICENSE. Beverly Hills Manners hereby grants You a limited, revocable, non-exclusive, non-sublicensable license to view video files and other training that resides on www.beverlyhillsmanners.com (collectively, the “Website”). Subject to the terms and conditions of this Agreement, You may remotely access and view Online Courses. Your license of, use of, and access to the Beverly Hills Manners Online Courses (which may include, without limitation, the additional related Software, and Documentation) is conditioned upon Your compliance with the terms and conditions of the Agreement, including the following:
        • You will not nor will You allow any third party to (i) copy, modify, adapt, translate or otherwise create derivative works of the Beverly Hills Manners training materials; (ii) reverse engineer, decompile, disassemble or otherwise attempt to discover the source file content of the Online Courses, except as expressly permitted by the law in effect in the jurisdiction in which You are located; (iii) rent, lease, sell, assign or otherwise transfer rights in or to the Online Courses, the Documentation or the Service; (iv) remove any proprietary notices or labels on the training materials or placed by the Service; or (v) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service or the Software. You will use the Software, Service, and Reports solely for Your own internal use, and will not make the Software or Service available for timesharing, application service provider, or service bureau use. You will comply with all applicable laws and regulations in Your use of and access to the Documentation, Online Courses, Service, and Reports.
        • This license will terminate immediately if You fail to comply with the terms of this Agreement. Upon such termination, You must not access www.beverlyhillsmanners.com or related services.
      5. CONFIDENTIALITY. “Confidential Information” includes any proprietary data and any other information disclosed by one party to the other in writing and marked “confidential” or disclosed orally and, within five business days, reduced to writing and marked “confidential”. Notwithstanding the foregoing, Confidential Information will not include any information that is or becomes known to the general public, which is already in the receiving party’s possession prior to disclosure by a party, or which is independently developed by the receiving party without the use of Confidential Information. Neither party will use or disclose the other party’s Confidential Information without the other’s prior written consent except for the purpose of performing its obligations under this Agreement or if required by law, regulation, or court order. In which case, the party being compelled to disclose Confidential Information will give the other party as much notice as is reasonably practicable prior to disclosing such information. Upon termination of this Agreement, the parties will promptly either return or destroy all Confidential Information and, upon request, provide written certification of such. You are responsible for safeguarding the confidentiality of Your password(s) and user name(s) issued to You by Beverly Hills Manners and for any use or misuse of Your account resulting from any third party using a password or user name issued to You. You agree to immediately notify Beverly Hills Manners of any unauthorized use of Your account or any other breach of security known to You.
      6. INFORMATION RIGHTS AND PUBLICITY. Beverly Hills Manners and its wholly owned subsidiaries may retain and use, subject to the terms of its Privacy Policy (located at https://www.beverlyhillsmanners.com/privacy-policy, or such other URL as Beverly Hills Manners may provide from time to time), information collected in Your use of the Service. Beverly Hills Manners will not share information associated with You or your Site with any third parties unless Beverly Hills Manners (i) has Your consent; (ii) concludes that it is required by law or has a good faith belief that access, preservation, or disclosure of such information is reasonably necessary to protect the rights, property or safety of Beverly Hills Manners, its users or the public; or (iii) provides such information in certain limited circumstances to third parties to carry out tasks on Beverly Hills Manners’ behalf (e.g., billing or data storage) with strict restrictions that prevent the data from being used or shared except as directed by Beverly Hills Manners. When this is done, it is subject to agreements that oblige those parties to process such information only on Beverly Hills Manners’ instructions and in compliance with this Agreement and appropriate confidentiality and security measures.
      7. PRIVACY. You will not (and will not allow any third party to) attempt to copy, record, or reverse engineer any Online Courses or Documentation supplied by Beverly Hills Manners or stored on the Beverly Hills Manners (or related) websites.
      8. INDEMNIFICATION. You agree to indemnify, hold harmless and defend Beverly Hills Manners and its wholly owned subsidiaries, at Your expense, any and all third-party claims, actions, proceedings, and suits brought against Beverly Hills Manners or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees and other litigation expenses) incurred by Beverly Hills Manners or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) Your breach of any term or condition of this Agreement, (ii) Your use of the Service, (iii) Your violations of applicable laws, rules or regulations in connection with the Service, or (iv) Your Brand Features. In such a case, Beverly Hills Manners will provide You with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. Beverly Hills Manners reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by You.
      9. THIRD PARTIES. If You provide access to Your Account or any portion thereof to any third party or use the Service to collect information on behalf of any third party (“Third Party”), whether or not You are authorized to do so by Beverly Hills Manners or its wholly owned subsidiaries, the terms of this Section 9 shall apply to You.  If You use the Service on behalf of any Third Party, You represent and warrant that (a) You are authorized to act on behalf of, and bind to this Agreement, that Third Party , (b) as between the Third Party and You, the Third Party owns any rights to Online Courses in the applicable account, and (c) You shall not disclose Third Party’s Online Courses to any other party without the Third Party’s consent.  You shall ensure that each Third Party is bound by and abides by the terms of this Agreement. Beverly Hills Manners and its wholly owned subsidiaries make no representations or warranties for the direct or indirect benefit of any Third Party. With respect to Third Parties, You shall take all measures necessary to disclaim any and all representations or warranties that may pertain to Beverly Hills Manners and its wholly owned subsidiaries, the Service, or the Online Courses, or use thereof. You agree to indemnify, hold harmless and defend Beverly Hills Manners and its wholly owned subsidiaries, at Your expense, against any and all third-party claims, actions, proceedings, and suits brought against Beverly Hills Manners or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees and other litigation expenses) incurred by Beverly Hills Manners, or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (a) any representations and warranties made by You concerning any aspect of the Service or Online Courses to Third Parties; (b) any claims made by or on behalf of any Third Party pertaining directly or indirectly to Your use of the Service or Online Courses; (c) violations of Your obligations of privacy to any Third Party; and (d) any claims with respect to acts or omissions of Third Parties in connection with the Service or Online Courses.
      10. DISCLAIMER OF WARRANTIES. Beverly Hills Manners SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THIS SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS. UNDER NO CIRCUMSTANCES WILL Beverly Hills Manners, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE, FROM THIRD PARTIES (SUCH AS EXPERTS, OR OTHERS) OR A LINKED SITE, OR USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM THIS SITE, A THIRD PARTY OR A LINKED SITE. USE OF THIS SITE IS AT USERS’ SOLE RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Beverly Hills Manners OR THROUGH OR FROM Beverly Hills Manners SERVICES SHALL CREATE ANY WARRANTY. The information and services included in or available through the Service, including the Reports, Email, Support Forum or Help Desk replies, may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Beverly Hills Manners and/or its respective suppliers may make improvements and/or changes in the Service or Software at any time, with or without notice. Beverly Hills Manners does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service, the Online Courses or any other software on the Server are free of viruses or other harmful components. Beverly Hills Manners does not warrant or represent that the use of the Service or the Online Courses will be correct, accurate, timely or otherwise reliable.
      11. THE SERVICE.  Beverly Hills Manners Online and In-Person Courses AND REPORTS ARE PROVIDED “AS IS” AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY Beverly Hills Manners AND/OR ITS SUBSIDIARIES AND AFFILIATES, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICE, THE Online and In-Person Courses, THE DOCUMENTATION AND REPORTS, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. Beverly Hills Manners DOES NOT WARRANT THAT THE SERVICE, THE Online and In-Person Courses OR RELATED DOCUMENTATION WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICE. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
      12. LIMITATION OF LIABILITY. Beverly Hills Manners AND ITS WHOLLY OWNED SUBSIDIARIES WILL NOT BE LIABLE TO USER OR ANY THIRD-PARTY CLAIMANT FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR INCORRECT INFORMATION), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF Beverly Hills Manners AND/OR ITS SUBSIDIARIES AND AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AND THE FOREGOING PARAGRAPH MAY NOT APPLY TO YOU.  Beverly Hills Manners’ (and its wholly owned subsidiaries’) total cumulative liability to You or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed U.S. $500.00
      13. SERVICE LEVELS. Beverly Hills Manners does not guarantee the Service will be operable at all times or during any down time (1) caused by outages to any public Internet backbones, networks or servers, (2) caused by any failures of Your equipment, systems or local access services, (3) for previously scheduled maintenance or (4) relating to events beyond Beverly Hills Manners’ (or its wholly owned subsidiaries’) control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where Beverly Hills Manners (or its wholly owned subsidiaries) or Your servers are located or co-located. Complete accuracy in all aspects of Your Training Record at all times also is not guaranteed.
      14. PROPRIETARY RIGHTS NOTICE . The Service, which includes but is not limited to the Beverly Hills Manners Online Courses and all intellectual property rights in the Service are, and shall remain, the property of Beverly Hills Manners (and its wholly owned subsidiaries). All rights in and to the Processing Software not expressly granted to You in this Agreement are hereby expressly reserved and retained by Beverly Hills Manners and its licensors without restriction, including, without limitation, Beverly Hills Manners’ (and its wholly owned subsidiaries’) right to sole ownership of the Beverly Hills Manners Software and Documentation. Without limiting the generality of the foregoing, You agree not to (and to not allow any third party to): (a) sublicense, distribute, or use the Service outside of the scope of the License granted herein; (b) copy, modify, adapt, translate, prepare derivative works from, reverse engineer, disassemble, or decompile the Processing Software or otherwise attempt to discover any source code or trade secrets related to the Service; (c) use the trademarks, trade names, service marks, logos, domain names and other distinctive brand features or any copyright or other proprietary rights associated with the Service for any purpose without the express written consent of Beverly Hills Manners; (d) register, attempt to register, or assist anyone else to register any trademark, trade name, serve marks, logos, domain names and other distinctive brand features, copyright or other proprietary rights associated with Beverly Hills Manners (or its wholly owned subsidiaries) other than in the name of Beverly Hills Manners (or its wholly owned subsidiaries, as the case may be); or (e) remove, obscure, or alter any notice of copyright, trademark, or other proprietary right appearing in or on any item included with the Service.
      15. CANCELLATION/REFUND POLICY/RESCHEDULING – Beverly Hills Manners honors all cancellations, but does not offer any refunds. If you need to cancel or reschedule a group or private group program whether online or in-person, contact us within thirty (30) days of submitting payment or scheduling your appointment and we will happily transfer your registration to a future group program or private session to be mutually agreed upon. Beverly Hills Manners reserves the right to cancel and reschedule a group or private group program due to lack of attendance, location unavailability, or any other circumstances beyond our control.  If the preceding occurs, clients will be contacted using good faith efforts and new dates will be posted on the website.  If clients are unable to attend the newly scheduled program dates, they may apply their credit toward another future group or private program.  All credits must be used within one (1) year from the date of purchase.  
      16. PAYMENT PLANS – EXTENSION POLICY – If you signed up for a payment plan, you are responsible for making all payments or paying off the total in full — or making other payment arrangements. There are no make-up courses or extensions if you do not choose to attend in the timeframe for which you are registered.
      17. MODIFICATIONS TO TERMS OF SERVICE AND OTHER POLICIES. Beverly Hills Manners reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy governing the Service, at any time, by posting the new agreement to the site located at www.beverlyhillsmanners.com (or such other URL as Beverly Hills Manners may provide). You are responsible for regularly reviewing the policy. No amendment to or modification of this Agreement will be binding unless (i) in writing and signed by a duly authorized representative of Beverly Hills Manners, (ii) You accept updated terms online, or (iii) You continue to use the Service after Beverly Hills Manners has posted updates to the Agreement or to any policy governing the Service.