Terms & Conditions
Terms & Conditions of Purchase
Thanks so much for joining the Brave Young Heroes & Raising Resilient Kids community. We’re glad that you’re interested in our products and services.
Please READ Carefully. By purchasing our purchasing any of our products and services you agree to the following terms stated on this page.
This Agreement sets forth the terms of purchase of products, services, and memberships from Oh Happy Day LLC (dba Brave Young Heroes / The Raising Resilient Kids Summit) (“Company”).
These services may include, but are not limited to:
– Brave Young Heroes books
– The Raising Resilient Kids Summit All Access Pass
– Braver New World / Superhero Academy
By placing your Order with Oh Happy Day LLC (clicking “accept/purchase/pay now/complete order”), or by using the products/services, you agree to be bound by this Agreement.
If you do not agree with these terms, you should leave the Oh Happy Day LLC website and discontinue use of the Services immediately. In these terms and conditions, “We/us/our/[d/b/a]” means Oh Happy Day LLC. “You/your/client/student” means you as a user of the Website and/or Customer of the Program/Services.
– Braver New World / Superhero Academy: The membership includes an online educational program which teaches kids character strengths, while building their confidence and self-esteem.
The program content will be delivered as follows: online through the program members only website, and/or other products and services as indicated on your Order form page. Since your purchase includes an online Program or Membership site access, you will use a unique username and password that should ONLY be used by you to access the Content.
Sharing log-in information, passwords, and protected links with non-members is prohibited and will result in removal from the program without a refund.
– Raising Resilient Kids All-Access Pass: The Services include an online educational program (the premium/paid version of the Raising Resilient Kids virtual summit event) which teaches you how to instill resilience in your kids, from experts who’ve done it.
The program content will be delivered as follows: online through the program members only website, video + audio masterclasses and expert sessions, action guides, summit notes, and/or other products and services as indicated on your Order form page.
Since your purchase includes an online Program or Membership site access, you will use a unique username and password that should ONLY be used by you to access the Content. Sharing log-in information, passwords, and protected links with non-members is prohibited and will result in removal from the program without a refund.
Payment is required before beginning the program, as indicated on your Order form, and may be a one-time fee, or a monthly or other recurring fee, as applicable. Please check the details of your Order form or Order page for the information specific to your program. You agree to pay the amount agreed (including an additional fees on the Order form or Order page) and not to cancel this transaction with your bank, credit card company or PayPal. Oh Happy Day LLC. is not responsible for any overdraft charges, over limit charges, or NSF fees charged by your bank or credit card company. Fees for Services may be pre-paid or by installment, as indicated on your Order form. Failure to make an installment payment will result in suspension or termination of the Services. Oh Happy Day LLC. does not guarantee any specific results from use of the Services. Oh Happy Day LLC. does not make any representations or warranties as to specific outcomes or results.
STUDENT MEMBERS AREA AND COMMUNITY GUIDELINES
For each program the private mastermind community (often via a private Facebook group) is about sharing, growing and providing value to other members in the program. There is absolutely no solicitation (selling or offering) of any kind to other members. You shall not sell any other programs or products or services to any other member (including your own). You shall not ask any other member to join other social networks, groups, or programs. If you are found in breach of these terms you will be removed from the program without refund.
This Agreement provides us, Oh Happy Day LLC., the right to use, reproduce, publicly display, edit, and distribute all content that you create, share or post in audio, video, text, images and other media or software that you provide in our private Facebook groups.
You shall adhere to all community guidelines, which can be found within the community membership area.
We also have very specific community rules for individual products and services we offer, which you’ll get access to when you purchase that program.
METHODS OF PAYMENT
If Client elects to pay by monthly installments, Client authorizes the Company to charge Client’s credit card or debit card. If Client elects to pay in FULL, Client may pay by credit card or debit card. Payment via PayPal, Stripe, and other payment processors are also available for certain products and services.
Raising Resilient Kids All-Access Pass
We are very confident that you will reap the rewards and benefits of this program like many other families, parents and kids already have. However, you may put it into action that we offer the following refund policy: we offer a no-questions asked money-back guarantee for Raising Resilient Kids All-Access Pass. No refunds will be issued after 14 days of our sending you’re the complete All-Access Pass contents.
If you are requesting a refund, please contact us by emailing support@BraveYoungHeroes.com with the words “RRK refund request” in the subject line.
This Agreement will be effective consistent with the term indicated on your Order form or Order page. Failure to pay for the Product or Program or Services consistent with the program requirements will result in termination of the Program prior to the end of the applicable term, and your access to Program materials or ongoing Services will be discontinued. Additional fees may be accrued in the event you continue to access the Program website or continue to use the Services after any failure to pay for said services.
Use of the Product or Program or Services covered by this Agreement and any content provided therein is at your own risk. Oh Happy Day LLC. and its employees, contractors and agents are not responsible for any physical or non-physical damages imagined, perceived, or otherwise sustained as a result of the use of the Product or Program or Services or any content provided as part of the Product or Program or Services.
ADDITIONAL IN-PERSON EVENT, WORKSHOP & MASTERMIND DISCLAIMER
You, the ticket holder hereof voluntarily assumes all risks incidental to the in-person Event, including bodily injury and death, whether occurring prior to, during or following the Event. The holder releases Oh Happy Day LLC., management, venues, promoters, participants, organizers, sponsors, and their respective subsidiaries and affiliates and each of their respective officers, directors, agents, partners, employees, sponsors, service providers and representatives from any claims related to, arising out of or incidental to the Event or the holder’s presence thereat.
The Event or Workshop ticket is a revocable license to enter the venue at the date and time listed on the front hereof. We, management of the Event, reserves the right, without the obligation to provide a full or partial refund, to refuse entry to or eject any person for any reason deemed necessary in the sole discretion for the safe and orderly operation of the event (including disorderly, vulgar, disrespectful, disruptive or abusive conduct) or for the enforcement of policies applicable to the event (including these terms or other posted policies).
WE STRONGLY RECOMMEND THAT YOU GET TRAVEL INSURANCE. While we have no expectation to cancel this in person event, workshop or mastermind, we strongly advise that you purchase travel insurance (Tip: check with your credit card company if it’s included as many do offer it as part of the agreement). Oh Happy Day LLC., its officers, assigns, affiliates or any related parties are not responsible for any losses or expenses due to delay or changes in schedule, overbooking of accommodations, default of any third parties, sickness, weather, strikes, acts of God, acts of terrorism, force majeure, war, quarantine, criminal activity, or for any other cause beyond its control. We reserve the right to change or cancel the event without prior notice. If the event is cancelled for any reason, we shall have no liability beyond the refund of all event participants’ ticket price/registration fees received by it.
Nothing contained in this Agreement is to be construed as creating a partnership, venture alliance, employment, agency relationship, or any other similar relationship. Each party shall be an independent contractor in its performance hereunder and shall retain control over its personnel and the manner in which such personnel perform hereunder. In no event shall such persons be deemed employees of the other party by virtue of participation or performance hereunder.
Oh Happy Day LLC. may modify this Agreement from time to time and without notice. You agree to be bound by the terms of this Agreement and any future modifications when such modifications are posted to the Oh Happy Day LLC. website. You should review this Agreement regularly during the use of the Product or Program or Services to keep apprised of any changes.
No assignment of this Agreement is permitted, without prior written permission from Oh Happy Day LLC. Any attempt to do so shall constitute a default or violation of this Agreement which shall be immediately void. Oh Happy Day LLC.’s rights and obligations, in whole or in part, under this Agreement may be assigned or transferred by Oh Happy Day LLC.
THIRD PARTY BENEFICIARIES
This Agreement is solely for the benefit of the parties and their successors and permitted assigns, and does not confer any rights or remedies on any other person or entity.
This Agreement and any action related thereto shall be governed by the laws of North Carolina and the United States of America without regard to its choice of law principles. The parties consent to exclusive jurisdiction and venue in federal and state courts sitting in Raleigh, North Carolina, USA.
RESOLUTION OF DISPUTES
In the event that a dispute arises pursuant to this Agreement, either Party may submit a written demand to the other that the dispute be settled by arbitration utilizing the dispute resolution procedures of the London Court of International Arbitration (LCIA). The foregoing shall not prevent Oh Happy Day LLC. from seeking injunctive relief in a court of competent jurisdiction. In disputes involving unpaid balances on behalf of Client, Client is responsible for any and all arbitration and attorney fees.
If a party is prevented from fulfilling its obligations under this Agreement for one of the following reasons beyond the party’s reasonable control, including due to a national environmental or military emergency, such as fire, flood, explosion, war, strike, embargo, government regulation, or civil or military authority, or acts or omissions of carriers, transmitters, providers, vandals, or hackers (a “force majeure event”), the time for that party’s performance will be extended for the period of the delay or inability to perform due to such occurrence; provided, however, that You will not be excused from payment of any sums of money owed by you to Oh Happy Day LLC.; and provided further, however, that if a party suffering a force majeure event is unable to cure that event within thirty (30) days, the other party may terminate this Agreement.
This Agreement shall be construed fairly and not interpreted for or against either party. Any remedies available to Oh Happy Day LLC. including any set forth in this Agreement, are not exclusive and are in addition to any other rights or remedies available to it at law or in equity.
This Agreement shall be binding upon, and inure to the benefit of the respective parties hereto, their successors, heirs, representatives, and permitted assigns.
Under no circumstances whatsoever shall either party be liable to the other for any incidental, consequential, indirect, special, exemplary, punitive or other damages under this Agreement. This provision applies even if such party has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained in this Agreement, Oh Happy Day LLC. liability to you for any cause whatsoever and regardless of the form of action, will at all times be limited to the amount paid, if any, by you to Oh Happy Day LLC. for the services during the term of the Program or membership.
The Company respects Client’s privacy and insists that Client respects the Company’s and Program Participants (herein referred to as “Participants”). Thus, consider this a mutual non-disclosure agreement. Any Confidential Information shared by Program participants or any representative of the Company is confidential, Proprietary, and belongs solely and exclusively to the Participant who discloses it. Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the forum or otherwise. Client agrees not to use such confidential information in any manner other than in discussion with other Participants during Program. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. Client agrees not to violate the Company’s publicity or privacy rights. Furthermore Client will NOT reveal any information to a third party obtained in connection with this Agreement or Company’s direct or indirect dealings with Client including but not limited to; names, email addresses, third-party company titles or positions, phone numbers or addresses. Additionally, Consultant will not, at any time, either directly or indirectly, disclose confidential information to any third party. Further, by purchasing this product you agree that if you violate or display any likelihood of violating this session the Company and/or the other Program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
NO TRANSFER OF INTELLECTUAL PROPERTY
All materials provided to you as part of your Product or Program or Services which are the subject of this Agreement are proprietary and MAY NOT be duplicated, copied, reproduced, published or displayed in any form without the prior express written permission of Oh Happy Day LLC. You may not re-use, perform, modify, transmit, re-post or use in any way the content or any derivative works thereof, without the prior express written permission of Oh Happy Day LLC. All trademarks, logos, and service marks displayed on any materials provided as part of your Product or Program or Services under this Agreement are protected by UK, US and International copyright and Intellectual Property laws. Access to any materials or content online or otherwise as part of the Product or Program or Services subject to this Agreement should not be construed as granting any license or right to use said content, including trademarks, logos and service marks of Oh Happy Day LLC. or any third-party.
SPECIAL INTELLECTUAL PROPERTY CONDITIONS OF PURCHASE
If you join any of our programs, you DO NOT have the right to create a similar course and sell it and/ or teach what you’ve learned in any way from our programs.
SEVERABILITY / WAIVER
If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
You agree to indemnify, defend and hold harmless Oh Happy Day LLC., its subsidiaries, affiliates, and their officers, managers, employees, contractors, agents, attorneys, employees, representatives or assigns from any claims, liability, damages, losses, harm, costs and expenses, including legal fees and expenses or any other detriment incurred by You in any claims arising out of this Agreement, your use of the Services, any breach of this Agreement, including breach of your representations and warranties set forth above, or if any content that you post or publish while using the Services causes Oh Happy Day LLC. to be liable to a third party.
VOIDABILITY / TERMINATION
This Agreement cannot be voided by not logging in to the Members Area/Hub or Program website, where applicable, by not accessing or using the Services as delivered, or in any other way attempting to avoid viewing or taking delivery of the Product or Program or Services as outlined. These actions will not void your Agreement or permit you the right to a refund.
Oh Happy Day LLC. is committed to providing all clients in the Program with a positive Program experience. By purchasing any of our products or services (see above), you agree that Oh Happy Day LLC. may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate your participation in the Program without refund or forgiveness of monthly payments if you become disruptive to Oh Happy Day LLC. or Participants, you fail to follow the Program guidelines, is difficult to work with, impairs the participation of the other participants in the Program or upon violation of the terms as determined by Company. You will still be liable to pay the total contract amount.
This Agreement represents the entire understanding and agreement of the parties relating to the Product or Program or Services purchased, and any and all prior agreements, understandings, and representations, whether express or implied, written or oral, regarding the Product or Program or Services, are of no further force and effect. In order to participate in certain portions of the Product or Program or Services, you may be notified that you may be required to agree to additional terms and conditions as the program is revised over time. You may receive a copy of this Agreement at any time by emailing Oh Happy Day LLC. at Support@BraveYoungHeroes.com and requesting a copy of your “Program Terms of Purchase.”
Any notices to be given hereunder by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by email. Email: Support@BraveYoungHeroes.com. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance. This Agreement constitutes and contains the entire agreement between the parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter. This Agreement shall be governed by and construed in accordance with the laws of the United States of America.
DUTY TO READ
I accept that under this agreement, I have a duty to read this sales agreement and disclosure policy, and have done so. Furthermore, I understand and accept that I am precluded from using lack of reading as a defense against all remedies contained herein.
If you have any questions regarding this Agreement or any aspect of our services, please contact Oh Happy Day LLC. at Support@BraveYoungHeroes.com .
© 2019 The Raising Resilient Kids Summit is curated by Brave Young Heroes.