By accessing, browsing, or using the Mountain BizWorks Online Learning Platform ("Platform"), you ("User," "you," or "your") agree to be bound by these Terms and Conditions ("Terms"), our Privacy Policy, and any additional guidelines or rules posted on the Platform. If you do not agree to these Terms, you must not access or use the Platform.
Mountain BizWorks reserves the right to modify these Terms at any time. Changes will be effective upon posting to the Platform with an updated "Last Updated" date. Your continued use of the Platform following any changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.
Mountain BizWorks provides an online learning platform offering educational courses, training materials, resources, tools, and related content ("Content") designed for existing and aspiring small business owners. The Platform may include, but is not limited to, video lessons, written guides, downloadable resources, interactive exercises, community forums, and webinars.
3.1 Registration
To access certain features of the Platform, you will be required to create an account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary.
3.2 Account Security
You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify Mountain BizWorks immediately of any unauthorized use of your account. Mountain BizWorks shall not be liable for any loss or damage arising from your failure to protect your account information.
3.3 Account Termination
Mountain BizWorks reserves the right to suspend or terminate your account at its sole discretion, with or without notice, for conduct that it determines violates these Terms, is harmful to other users, or is otherwise objectionable.
4.1 Educational Purposes Only
All Content provided on the Platform is for general educational and informational purposes only. The Content is designed to provide helpful guidance on topics relevant to small business ownership but does not constitute professional advice of any kind, including but not limited to legal, financial, tax, accounting, or investment advice.
4.2 No Professional Advice
Nothing on the Platform should be construed as professional advice or a recommendation to take (or refrain from taking) any specific business, legal, financial, or other action. Mountain BizWorks is not a law firm, accounting firm, financial advisory firm, or licensed professional services provider. You should always consult with qualified professionals before making business decisions.
4.3 User Responsibility
You acknowledge and agree that you are solely responsible for how you interpret, apply, and use any Content, training materials, strategies, tools, or information obtained through the Platform. Any decisions you make or actions you take based on Content from the Platform are made entirely at your own risk and discretion. Mountain BizWorks bears no responsibility for the outcomes, results, or consequences of any decisions or actions you take based on Platform Content.
4.4 No Guarantees of Results
Mountain BizWorks makes no representations, warranties, or guarantees that the use of the Platform or its Content will result in any particular business outcome, including but not limited to increased revenue, profitability, business growth, loan approval, or business success.
5.1 Ownership
All Content on the Platform, including but not limited to text, graphics, logos, images, audio, video, software, and course materials, is the property of Mountain BizWorks or its licensors and is protected by applicable copyright, trademark, and other intellectual property laws.
5.2 Limited License
Subject to these Terms, Mountain BizWorks grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform and its Content for your personal, non-commercial educational purposes only.
5.3 Restrictions
You may not:
-
Copy, reproduce, distribute, publish, display, or create derivative works from any Content without prior written consent from Mountain BizWorks;
-
Sell, resell, license, sublicense, or commercially exploit any Content;
-
Share your account credentials or provide access to the Platform to any third party;
-
Use any automated means (bots, scrapers, or similar tools) to access or collect Content from the Platform;
-
Remove any copyright, trademark, or other proprietary notices from any Content.
You agree not to use the Platform to:
- Violate any applicable local, state, national, or international law or regulation;
- Upload, post, or transmit any content that is unlawful, defamatory, obscene, harassing, threatening, or otherwise objectionable;
- Impersonate any person or entity or misrepresent your affiliation with any person or entity;I
- Interfere with or disrupt the Platform or its servers, networks, or security features;
- Collect or store personal data about other users without their consent;
- Engage in any activity that could damage, disable, or impair the functioning of the Platform.
Please refer to the
Community Guidelines for additional standards to ensure a positive and professional learning environment.
7.1 Fees
Certain courses or features on the Platform may require payment. All fees are as stated on the Platform at the time of purchase and are quoted in U.S. dollars unless otherwise noted.
7.2 Payment Processing
Payments are processed through third-party payment processors. Mountain BizWorks does not store your full payment information. Your use of third-party payment services is subject to their respective terms and privacy policies.
7.3 Refund Policy
Refund requests must be submitted within 14 days of purchase. Refunds will not be granted for courses that have been substantially completed (more than 25% of course content accessed). Mountain BizWorks reserves the right to grant or deny refund requests at its sole discretion.
THE PLATFORM AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MOUNTAIN BIZWORKS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
- WARRANTIES THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
- WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT;
- WARRANTIES THAT ANY CONTENT WILL MEET YOUR SPECIFIC NEEDS OR EXPECTATIONS.
Mountain BizWorks does not warrant that the Content is current or up to date with respect to any changes in laws, regulations, or industry practices.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOUNTAIN BIZWORKS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INSTRUCTORS, PARTNERS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
- LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES;
- BUSINESS INTERRUPTION;
- DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE PLATFORM;
- DAMAGES ARISING FROM ANY DECISIONS OR ACTIONS TAKEN BASED ON CONTENT PROVIDED ON THE PLATFORM;
- DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR DATA;
- WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF MOUNTAIN BIZWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- IN NO EVENT SHALL MOUNTAIN BIZWORKS' TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE PLATFORM EXCEED THE AMOUNT YOU PAID TO MOUNTAIN BIZWORKS IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
You agree to indemnify, defend, and hold harmless Mountain BizWorks, its officers, directors, employees, agents, instructors, partners, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
- Your use of the Platform or its Content;
- Your violation of these Terms;
- Your violation of any applicable law or regulation;
- Any business decisions or actions you take based on Content obtained through the Platform;
- Any content or information you submit, post, or transmit through the Platform;
- Your infringement of any third party's rights.
The Platform may contain links to third-party websites, resources, or services that are not owned or controlled by Mountain BizWorks. Mountain BizWorks has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party sites or services. You acknowledge and agree that Mountain BizWorks shall not be liable for any damage or loss caused by your use of any such third-party content, goods, or services.
Your use of the Platform is also governed by our
Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection, use, and protection of your personal information.
13.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law provisions.
13.2 Dispute Resolution
Any dispute, controversy, or claim arising out of or relating to these Terms or the Platform shall first be addressed through good-faith negotiation between the parties. If the dispute cannot be resolved through negotiation within thirty (30) days, the parties agree to submit to the exclusive jurisdiction of the state and federal courts located in Buncombe County, North Carolina.
13.3 Waiver of Class Action
TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY CLAIMS SHALL BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
These Terms, together with the Privacy Policy and any other legal notices or agreements published by Mountain BizWorks on the Platform, constitute the entire agreement between you and Mountain BizWorks concerning your use of the Platform and supersede all prior agreements, communications, and understandings.
The failure of Mountain BizWorks to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Mountain BizWorks.
If you have any questions about these Terms, please contact us at:
Mountain BizWorks
153 S Lexington Ave
Asheville, NC 28801
Email: info@mountainbizworks.org
Phone: 828-253-2834.
