Terms of Use

1. Terms

By accessing this School, you are agreeing to be bound by these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this School are protected by applicable copyright and trademark law.

BY VISITING https://outoftheashesinstitute.teachable.com, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS. 

OVERVIEW 

The terms “we,” “us,” and “our” refer to Hall’s Consulting and Publishing Enterprises. The term the “Site” refers to https://outoftheashesinstitute.teachable.com/. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site. 

 

Out of the Ashes Institute is an online school for educators seeking to grow personally and professionally by gaining pathways that can benefit their personal and work lives (the “Service”). 

 

Use of https://outoftheashesinstitute.teachable.com/, including all materials presented herein and all online services provided by Hall’s Consulting and Publishing Enterprises, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.

 

USE OF THE SITE AND SERVICE

To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to the site and other information are subject to change. Hall’s Consulting and Publishing Enterprises makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Hall’s Consulting and Publishing Enterprises disclaims all liability for any inaccuracy, error, or incompleteness in the Content. 

 

ACCOUNT CREATION 

In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Hall’s Consulting and Publishing Enterprises and the Site will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction. 

 

LAWFUL PURPOSES 

You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.

 

REFUSAL OF SERVICE  

The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment. 

 

ORDER CONFIRMATION

We will email you to confirm the placement of your order and with details concerning access to the course. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.

 

NO REFUNDS & RETURNS

Refunds of the Program Fee are not available. You agree to make timely and full payments of the Program Fee to the Company even if you are unable to attend trainings, calls or otherwise fully participate in the Program.

 

PRODUCT DESCRIPTION

We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time, we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing 

 

MATERIAL YOU SUBMIT TO THE SITE 

You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.

 

INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS 

We claim no intellectual property rights over the material you supply to Hall’s Consulting and Publishing Enterprises. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to Hall’s Consulting and Publishing Enterprises remains yours to the extent that you have any legal claims therein. You agree to hold Hall’s Consulting and Publishing Enterprises harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.

 

OUR INTELLECTUAL PROPERTY 

The Site and Service contain intellectual property owned by Hall’s Consulting and Publishing Enterprises, including trademarks, copyrights, proprietary information, and other intellectual property. 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 Site or Service Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.

 

CHANGED TERMS 

We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions

 

LIMITATION OF LIABILITY 

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, HALL’S CONSULTING AND PUBLISHING ENTERPRISES NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF HALL’S CONSULTING AND PUBLISHING ENTERPRISES HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL HALL’S CONSULTING AND PUBLISHING ENTERPRISES’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM HALL’S CONSULTING AND PUBLISHING ENTERPRISES, AND IF NO PURCHASE HAS BEEN MADE BY YOU HALL’S CONSULTING AND PUBLISHING ENTERPRISES’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.

 

THIRD PARTY RESOURCES 

The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Hall’s Consulting and Publishing Enterprises. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

 

INDEMNIFICATION 

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. 

 

EFFECT OF HEADINGS 

The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

 

ENTIRE AGREEMENT; WAIVER 

This Agreement constitutes the entire agreement between you and Hall’s Consulting and Publishing Enterprises pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Hall’s Consulting and Publishing Enterprises shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Hall’s Consulting and Publishing Enterprises. 

 

 

 

NOTICES 

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:

 

Hall’s Consulting and Publishing Enterprises

PO Box 680757

Charlotte, NC 28216

 

GOVERNING LAW; VENUE; MEDIATION 

This Agreement shall be construed in accordance with, and governed by, the laws of the State of North Carolina as applied to contracts that are executed and performed entirely in North Carolina. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Mecklenburg County, NC. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution3 or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.

 

RECOVERY OF LITIGATION EXPENSES 

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled. 

 

SEVERABILITY

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. 

 

ASSIGNMENT 

These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicensable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid. 

June 30, 2021

Privacy Policy

This Privacy Policy governs the manner in which the School collects, uses, maintains and discloses information collected from users (each, a “Student”) of the School. This Privacy Policy applies to the School and all Courses offered by the School, OUT OF THE ASHES INSTITUTE (outoftheashesinstitute.teachable.com)

Personal identification information

We may collect personal identification information from Students in a variety of ways, including, but not limited to, when Students enroll in the School or a Course within the School, subscribe to a newsletter, and in connection with other activities, services, features, or resources we make available in our School. Students may visit the School anonymously. We will collect personal identification information from Students only if they voluntarily submit such information to us. Students can refuse to supply personal identification information but doing so may prevent them from engaging in certain School related activities.

How we use collected information

The School may collect and use Students’ personal identification information for the following purposes:

  •  To improve customer service
  • Information you provide helps us respond to your customer service requests and support needs more efficiently.
  •  To personalize user experience
  • We may use information in the aggregate to understand how our Students as a group use the services and resources provided in our School.
  •  To send periodic emails
  • We may use Student email addresses to send Students information and updates pertaining to their order. Student email addresses may also be used to respond to Student inquiries, questions, or other requests.

Sharing your personal information

We do not sell, trade, or rent Student personal identification information to others.

Third party websites

Students may find advertising or other content in our School that link to the websites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these websites and are not responsible for the practices employed by websites linked to or from our School. In addition, these websites or services, including their content and links, may be constantly changing. These websites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Student, is subject to that website's own terms and policies.

Changes to this Privacy Policy

The School has the discretion to update this Privacy Policy at any time. We encourage Students to frequently check this page for any changes. You acknowledge and agree that it is your responsibility to review this Privacy Policy periodically and become aware of modifications.

Your acceptance of these terms

By enrolling in the School, you signify your acceptance of this Privacy Policy. If you do not agree to this Privacy Policy, please do not enroll in the School. Your continued enrollment in the School following the posting of changes to this Privacy Policy will be deemed your acceptance of those changes.


June 30, 2021