Contents:

Terms of Use

These terms apply globally for this document.

1. Terms Acknowledgment
   Clients must acknowledge and agree to the terms of this document during registration. Berk Academy is a registered trade name of Berk LLC, and these terms constitute a binding agreement with Berk LLC. The policy is available for review upon request at any time, and any updates will require re-acknowledgment before the client's next session or payment.
2. User Conduct
   All users are expected to conduct themselves professionally and respectfully, as if in a classroom setting. Unacceptable behavior includes harassment, unauthorized distribution of course materials, and any conduct that disrupts the learning environment. Berk Academy reserves the right to remove or refuse service to anyone engaging in disruptive or harmful behavior.
3. Intellectual Property
   All website and course materials, including streamed/recorded media, are the intellectual property of Berk Academy. Unauthorized reproduction, recording, or distribution of course content, including video conferences, is prohibited. Violation of these intellectual property rights may result in legal action, financial penalties, and termination of access to our services.
4. Third-Party Resources and Links
   Our courses and website may reference or contain links to third-party tools, resources, or sites. We are not responsible for the content, availability, or privacy practices of these third-party resources. Use of such resources is at your discretion, and we encourage users to review the policies of any third-party sites they visit. Berk Academy is not responsible for service disruptions, data loss, or disputes arising from the use of third-party payment processors, including Wave. Users are encouraged to review their respective terms.
5. Governing Law
   These terms shall be governed and interpreted in accordance with the laws of the State of Tennessee, without regard to its conflict of laws principles. All parties consent to the exclusive jurisdiction and venue of the state and federal courts located within Tennessee.
6. Dispute Resolution
   Any disputes arising from the use of our services shall be resolved through binding arbitration in Tennessee, conducted by the American Arbitration Association (AAA) or a similar neutral third party. Both parties agree to this process as the sole means of dispute resolution, waiving the right to bring claims in court.
7. Limitation of Liability
   To the fullest extent permitted by applicable law, Berk Academy shall not be liable for any direct, indirect, incidental, consequential, or punitive damages, including but not limited to, lost profits, loss of data, or other losses resulting from the use of or inability to use our services, reliance on information provided, or any conduct or content of any users or third parties in connection with our services. This limitation applies to all claims, whether based on warranty, contract, tort, or any other legal theory, even if we have been advised of the possibility of such damages. In no event shall Berk Academy's total liability to you exceed the amount paid for services in the preceding six (6) months.

Payment and Refund Policy

1. Billing and Payment
   Session Billing: Clients are billed hourly after each session. Pre-purchased session packages may be available at discounted rates; please inquire for current offers.
   Accepted Payment Methods: All electronic payments are securely processed via Wave. By making a payment, you agree to comply with Wave's terms of service and privacy policy.
   
2. Cancellation and Rescheduling
   
   • Cancellation Policy: Cancellations must be made at least 24 hours before the scheduled session to avoid charges. Cancellations made within 24 hours will be billed at the full session rate.
   • Rescheduling Policy: Sessions can be rescheduled without penalty if requested more than 24 hours in advance. Rescheduling within 24 hours is considered a cancellation and will be billed accordingly.
3. Refunds
   
   • Pre-Purchased Sessions: Refunds are available for unused pre-purchased sessions upon request.
   • Completed Sessions: Payments for completed sessions are non-refundable.
4. Income-Based Pricing
   We offer income-based pricing for group courses to make our services accessible to a broader audience. Eligibility is determined on a case-by-case basis and may require proof of income, e.g. recent tax returns. Please contact us to discuss your situation and available options.
5. Termination of Services
   Both clients and Berk Academy reserve the right to terminate the service relationship at any time without further obligation.

Privacy Policy

1. Information We Collect
   We may collect the following types of information:
   
   • Personal Identification Information: Name, email address, phone number, and other contact details provided through our intake forms or during course registration.
   • Demographic Information: Age, gender, and other demographic details to tailor our services.
   • Technical Data: IP address, browser type, operating system, and access times collected automatically when you visit our website.
   • Usage Data: Information about your interactions with our website, such as pages visited and links clicked.
2. How We Use Your Information
   We use the collected information for the following purposes:
   
   • Service Delivery: To provide and manage our courses and related services.
   • Communication: To send updates, respond to inquiries, and provide customer support.
   • Personalization: To tailor content and services to your preferences.
   • Analytics: To analyze website usage and improve our offerings.
   • Legal Compliance: To comply with applicable laws and regulations.
3. Sharing Your Information
   We do not sell or rent your personal information. We may share your information with:
   
   • Service Providers: Third-party vendors who assist in operating our website and services, subject to confidentiality agreements.
   • Legal Obligations: Authorities when required by law or to protect our rights.
4. Your Rights
   Depending on your jurisdiction, you may have rights such as:
   
   • Access: Request a copy of the personal data we hold about you.
   • Correction: Request corrections to inaccurate information.
   • Deletion: Request deletion of your personal data, subject to legal obligations.
   To exercise these rights, please contact us.
5. Cookies and Tracking Technologies
   We use cookies to enhance your experience. You can control cookie settings through your browser.

Marketing Disclaimers

1. No Guarantees and Varying Results
   Participation in our courses does not guarantee employment, job outcomes, or specific results. Success depends on individual effort, market conditions, and other external factors, including personal skills, experience, and dedication. While our courses are designed based on current industry best practices and professional experience, the effectiveness of advice and outcomes may vary depending on individual circumstances.
2. Testimonials, Reviews, and Endorsements
   Testimonials, reviews, and endorsements reflect individual experiences and may not represent typical results. They are provided voluntarily and without compensation or incentives, and are intended solely for informational purposes.
3. Course Content and Updates
   We strive to keep course content current but do not guarantee it reflects the latest industry developments. Course materials are subject to change without notice.