Annual Payment Terms Agreement for Culture & Well-Being Subscription

Effective date: May 8, 2023

This agreement is made on today’s date between Big Sky Way, LLC (hereafter referred to as "Service Provider"), and subscriber (hereafter referred to as "Client").

Services

We provide various services, including but not limited to, organizational development education and  consultation. We reserve the right to modify or discontinue any of our services without prior notice.

Scope of Agreement

This agreement outlines the payment terms for the Culture & Wellbeing Subscription provided by the Service Provider to the Client. The subscription is for an annual term and covers a specific number of seats as agreed upon by both parties.

Eligibility

You must be at least 18 years of age or have the legal authority to enter into a contract to use our services. By using our services, you represent and warrant that you are of legal age to form a binding contract with Big Sky Way, LLC.

User Accounts

You may be required to create an account to access certain features of our services. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account. If you suspect any unauthorized use of your account, you must notify us immediately.

Annual Billing Date:

The billing date for the Culture & Wellbeing Subscription shall be on today’s date, which is the first day of the annual subscription period and billed on same day one year from said date.

Term and Termination

The term of this agreement shall be year to year. The contract can be terminated by not renewing at the next annual billing date.

Payment Terms:

The Client agrees to pay the Service Provider the annual subscription fee as specified in the agreement. The payment shall be due on or before the billing date. The payment can be made through a payment check, gateway, or any other method agreed upon by both parties.

New & Departing Member Subscription:

Membership is based on number of seats. In the event that an employee leaves the organization during the subscription period, their payment shall still be in effect until the end of the subscription term. However, the membership seat can be replaced with a new employee resulting in the same seat number subscription. In the case of a new member joining the organization during the subscription period, and the Client chooses to add them to their seat subscription total number, the Service Provider shall bill the Client for the pro-rata cost of the remaining subscription period. Come the next billing cycle, the new member shall be added to the subscription on the billing date of their subscription.

Prohibited Conduct

You must not use our services for any illegal or unauthorized purpose. You must also not harass, abuse, defame, or violate the rights of others. We reserve the right to suspend or terminate your access to our services if you engage in any prohibited conduct.

Intellectual Property

All content on our platform, including but not limited to, text, graphics, logos, images, and software, is the property of Big Sky Way, LLC or its licensors and is protected by copyright, trademark, and other intellectual property laws. You are encouraged to use the templates in your team settings. However, this does not permit you to share our templates with your clients or people not enrolled in one of our programs. Reproduction and distribution of our templates without written permission is prohibited.

Disclaimer of Warranties

We provide our services “as is” and without any warranty or guarantee of any kind, whether express or implied. We do not guarantee that our services will be uninterrupted, error-free, or secure.

Limitation of Liability

We shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from your use of our services, including but not limited to, loss of profits, goodwill, data, or other intangible losses.

Indemnification

You agree to indemnify and hold Big Sky Way, LLC and its affiliates, officers, employees, and agents harmless from any claims, demands, or damages arising out of your use of our services or your violation of these terms of use.

Choice of Law

These terms of use shall be governed by and construed in accordance with the laws of the State of Montana, without giving effect to any choice of law or conflict of law provisions. Any legal action or proceeding arising out of or relating to these terms of use or our services shall be brought exclusively in Lewis and Clark County, Montana, and the law of Montana shall control, and you hereby consent to the jurisdiction of such courts.

Miscellaneous

If any provision of these terms of use is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect. These terms of use constitute the entire agreement between you and Big Sky Way, LLC and supersede all prior agreements or understandings.

By reading these terms, both parties agree to the terms and conditions outlined above.

Big Sky Way, LLC, 2748 Colonial Drive, Ste. B., Helena, MT 59601   Phone: 406-540-1321