Welcome to BionicTurtle.com, owned by Bionic Turtle, LLC, a Limited Liability Company incorporated in the State of California that sells financial education products. This document constitutes a legally-binding agreement (“Agreement”) governing the terms of providing you with our service. Throughout this document, the words “Bionic Turtle,” “BionicTurtle.com,” “Bionic Turtle, LLC,” “us,” “we,” and “our,” refer to us, Bionic Turtle, LLC, our website, BionicTurtle.com, or our service, Bionic Turtle, as is appropriate in the context of the use of the words. Likewise, the words “you” and “your” refer to you, the person who is being presented with this document for your agreement.
Description of Service
Bionic Turtle sells financial education products designed for individuals who wish to advance their careers in the financial section. Through our website, you can purchase e-learning programs for your Financial Risk Management (“FRM”) Certification, Chartered Financial Analyst (“CFA”) Certification, Certified Financial Planner (“CFP”) Examination, as well as other examinations. Our products are for training purposes only, and nothing on our website should be construed as investment advice. In addition, our materials are available for only one person and you are not allowed to share or distribute them unless you have received written permission from us (i.e. one person per training module).
Registration, Information, and Conduct
You will need an account in order to register for and access the educational products that we sell. As a part of registering, we require that you provide us with your name and e-mail address. In addition to providing us with the above information about yourself, you hereby attest that your age is at least eighteen years old to sign up for our service, or, if a higher age of contractual capacity exists in your jurisdiction, then you are at least however old that age is. In addition to providing true and accurate information now, you promise that you will continue to keep that information accurate and truthful and update it when needed. Lastly, you must have all of the other things that are normally necessary in order to view or interact with a website, which include a computer, internet connection, compatible browser, and updated software. We will not provide those things to you.
In addition to the above, you agree that you are eligible to view or interact with the Site and are not prohibited to do so by any law. This includes any export control law, licensing requirement, or business trade requirement, or any trade embargo between your country and the United States.
We also reserve the right to edit, modify, or delete any content that you may provide at any time, without notice, liability, waiver of our protection under Section 230 of the Communications Decency Act, or without compensation to you. For example, you may be given an opportunity to participate in our forum. When you participate you promise you will behave like a responsible internet user and will hold us harmless for any damages you may suffer or cause.
Lastly, and more importantly, by using our Site or participating in any of our courses you agree that you will not:
- Deceive, defraud, cheat, steal, threaten, or encourage anyone else to do those things, to us or anyone else;
- Use offensive or obscene language on our forum or to our staff;
- Hack, crack, phish, or compromise our Site, Network, servers, computers, or courses;
- Use our website like the classifieds section of a newspaper and send commercial messages for you, your business, or on behalf of another (i.e. no spam)
- Infringe on any rights
- Run any script to search, index, or aggregate our site without our permission;
- Take any materials off of our Site and upload them to others;
- Share materials with others or allow others to use, view, or copy the materials;
To participate in any particular course or obtain examination materials you will be required to pay a fee. This fee will depend on the package you order, and we require that you pay before accessing any of the material. You will be required to provide payment details to a third party as a part of completing payment through our Bank of America merchant account, which is done through our Cybersource gateway partner. In addition, we may also accept PayPal, which requires you to view and read the PayPal Terms of Service and Acceptable Use Policy, which can be located here.
The fees for our financial education products vary, and are located at our website, www.bionicturtle.com. Please note that if there is a discrepancy between the listed price, and the price which appears at checkout, the greater of the two takes precedence. We reserve the right to cancel any orders due to a fault or oversight in regards to price. In addition, we reserve the right to correct any errors or mistakes in price at any time, and you agree to pay any and all amounts billed to you. Lastly, if we discover that you have shared the materials or courses with anyone else, without our permission, we may bill you for the amount that we would have earned from each person that you shared this with.
Because of the nature of the services that we offer, we cannot guarantee any refunds, including full or partial. Although we reserve the right to provide a refund in accordance with our Refund Policy below, we normally do not do so. This means that even if you sign up and make a payment, but do not actually download or participate in the services, we cannot give you a refund. If you are unhappy, you must first come to us with your dispute since we take chargebacks that do not comply with our policies very seriously. Therefore, please be advised that using credit card chargebacks to receive free services from us is considered criminally fraudulent behavior in most states. Any fraudulent chargebacks will be reported to the local law enforcement agency of the perpetrator, and referred to a collections agency for further action.
Disclaimers Regarding our Services
We stand behind the quality of our e-learning products. However, as with any study material, there can be no guarantee that a user will pass the associated exams or achieve any particular level of success. Although we endeavour to teach the fundamentals to help you in your journey towards excelling in your risk and finance career we cannot guarantee any particular result. Therefore, you accept that we are only offering our educational programs for your knowledge, and we do not make any claims that our product will ensure that you pass any examination.
Forward Looking Statements
Although we do not provide any direct investment advice we still feel it pertinent to tell you about forward-looking statements. Forward-looking statements may be made or presumed based on your assumptions or expectations. However, these statements are subject to a lot of uncertainties and risks that are beyond our control, especially when the results are different than your expectations. For example, sometimes laws or regulations change, or the U.S. Securities and Exchange Commission deviates from a particular pattern. In those cases, we obviously have no control over and cannot provide any assurance as to any materials provided, the guarantee of achieving any particular milestone, or the ability to help you identify any particular issue that will be on an exam or suitable for your career. We realize this may sound strange, but we believe that these expectations are reasonable and therefore form the basis of our disclaimer that we cannot guarantee any future result.
E-learning services are intangible goods. As such, they are impossible to return once accessed, and we cannot provide any refunds for purchased e-learning products. Refunds will only be provided in instances where we are unable to provide you with the e-learning package that you purchased from us. You accept that you are solely responsible to ensure that you have access to a computer that enables you to use our product, and that our product will not be considered undeliverable solely because you lacked suitable technology with which to access it. This includes a requirement that you have both suitable software and hardware that is compatible with our e-learning packages
All certification courses, webinars, tutorials, exam layouts, answers to quizzes or exams, study guides, pictures, audio, video, artistic works, website layout(s), links, code, and all works of authorship, including all worldwide rights therein under patent, copyright, trade secret, or other property right, created or developed by BionicTurtle, including the aggregation of any content by any of its users into the Site, shall remain the sole and exclusive property of BionicTurtle.
You have no rights to any of our intellectual property and will not infringe on it in any way. You are given a single, non-transferable, non-sublicensable, limited and revocable license to view and access the materials for their intended purpose and that is it. You will not distribute them to anyone else or allow anyone to view them without our express permission. If you do, we reserve the right to charge you for each additional user that we could have obtained had you not shared that material.
Any content or information you provide to us, including any materials, answers, or suggestions you submit to our forum or elsewhere, is provided on the representation that you own, or have the right to distribute, that content. In doing so you provide us with a worldwide, perpetual, fully paid up, irrevocable, license to use and distribute such content, including the aggregation of it, and you waive all claims you have and have no recourse against us for any infringement. In addition, we may utilize your answers, suggestions, name, business name, image, or your experience with us in our marketing materials or to promote on our site or to better our services.
Bionic Turtle is a trademark used by us, Bionic Turtle, LLC, to uniquely identify our financial education products. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph.
Revocation of Consent
Where Bionic Turtle has given prior written consent for your use of our protected material in accordance with our above “Copyright” and “Trademarks” provisions, we may revoke that consent at any time. If we so request, we may require that you immediately take action to remove from circulation, display, publication, or other dissemination, any of the marks, copyrighted content, or other materials that we previously consented for you to use. We may also terminate your participation in our courses at any time without a refund if you violate these Terms.
We take copyright infringement very seriously, and we have registered a Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act.
If you believe that your copyright has been infringed, please send us a message which contains:
- Your name.
- The name of the party whose copyright has been infringed, if different from your name.
- The name and description of the work that is being infringed.
- The location on our website of the infringing copy.
- A statement that you have a good faith belief that use of the copyrighted work described above is not authorised by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
- A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent at:
David R Harper
Office of the General Counsel
Bionic Turtle, LLC
31042 Hawksmoor Drive
Rancho Palos Verdes, CA
If sending the notification by e-mail, an electronic signature is acceptable.
Representations & Warranties
We make no representations or warranties as to the merchantability of our products or fitness for any particular purpose. You agree that you are releasing us from any liability that we may otherwise have to you in relation to or arising from this Agreement or our products, for reasons including, but not limited to, failure of our products, negligence, or any other tort. To the extent that applicable law restricts this release of liability, you agree that we are only liable to you for the minimum amount of damages that the law restricts our liability to, if such a minimum exists.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE PURCHASE OF ANY TRAINING MODULE, OR PARTICIPATION IN ANY COURSE OR CLASS. WE PROVIDE THE SITE AND RELATED MATERIALS, CLASSES, OR INFORMATION “AS IS” AND ON AN “AS AVAILABLE” BASIS, AND DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, COURSES, MODULES, ANY INFORMATION OR STUDY GUIDE PROVIDED THROUGH THE SITE, OR VIA THIRD PARTY LINKS, INCLUDING YOUR ABILITY TO PASS ANY EXAMINATION OR OBTAIN ANY CERTIFICATION, AND WE SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH USE. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL COURSES, MODULES, STUDY GUIDES, ADVICE, OR ANY EXAMINATION OR CERTIFICATION INFORMATION OR OTHER CONTENT PROVIDED THROUGH THE SITE OR VIA OUR COURSES. WE DO NOT WARRANT THAT THE SITE, ANY CLASS, OR YOUR LEARNING EXPERIENCE IN GENERAL WILL BE UNINTERRUPTED, ACCURATE, SUCCESSFUL, OR ERROR-FREE OR THAT DEFECTS IN THE SITE, CLASSES, MODULES, OR ANY INFORMATION PROVIDED WILL BE CORRECTED.
IF YOU, OR THE ENTITY YOU REPRESENT, ARE A LOCATED IN A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
WE DISCLAIM ALL LIABILITY TO THE FULLEST EXTENT PERMITTED. WE WILL NOT BE RESPONSIBLE FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER, EVEN IF WE KNEW OR SHOULD HAVE KNOWN. OUR LIABILITY IN ANY JURISDICTION THAT DOES NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY, TO THE EXTENT PERMITTED BY LAW OR TO THE AMOUNT YOU HAVE PAID UNDER THIS CONTRACT FOR THE PAST YEAR.
In other words, you agree that, although we strive to make our products useful for the purpose of passing certain exams, we are not responsible in any way for failure to pass such exams. We are not liable for any failure of our service, including any failures or disruptions, scheduled or unscheduled, intentional or unintentional, on our website which prevent access temporarily or permanently. In other words, although our website is almost always online, it may not be online when you need it to study, and you should therefore not rely on our website being online during, for example, the day before your exam.
Additionally, it should be noted that exams are controlled by third parties and subject to change. Therefore, we are not responsible for any changes that may occur to exam content that render our product unsuitable for study purposes. We are not responsible for any losses that you or any other party may incur as a result of the use of the training we provide to you.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of the information or training that we provide to you. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
Choice of Law
This Agreement shall be governed by the laws in force in the State of California. The offer and acceptance of this contract is deemed to have occurred in the State of California.
Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the State of California.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that if you bring a dispute against us and the court finds in our favor, you will be responsible for our reasonable attorneys’ fees, costs, and disbursements in relation to the dispute.
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, stock market crashes, changes in SEC regulations, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Bionic Turtle shall have the sole right to elect which provision remains in force.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will notify you and request that you agree to the amendments. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our service.