Terms of Sale
Last Modified April 18, 2025
Introduction. These Terms of Sale (these “Terms”) apply to the purchase and sale of products and trainings for completion of educational courses (“Courses”) offered by Blue Sky Training LLC a Colorado limited liability company (“Blue Sky”) and its partners, licensors, or affiliate organizations (“Affiliates”) either in person, or through https://blueskytraining.com/ or blueskytraining.getlearnworlds.com (the “Website”). Each purchaser of Courses (the “Client”) must accept these Terms before purchasing any Courses that are available through Blue Sky. All Clients must be at least 16 years of age, and either (a) be the legal age to form a binding contract to place an order for a Course, or (b) these Terms must be accepted and agreed to by a parent or legal guardian of the Client.
Website. These Terms are an integral part of the Website Terms of Use that apply generally to the use of the Website. Each Client should also carefully review the Website Privacy Policy before placing an order for Courses through this Website.
Order Acceptance and Cancellation. The Client agrees that an order is an offer to buy, under these Terms, all Courses listed in the Client order. All orders must be accepted by Blue Sky or Blue Sky will not be obligated to sell the Courses to the Client. Blue Sky may choose not to accept any orders at Blue Sky’s sole discretion. After having received the Client order, Blue Sky will send the Client a confirmation with the details of the items ordered. Acceptance of the Client order and the formation of the contract of sale between Blue Sky and the Client will not take place unless and until the Client receives the order confirmation. The Client has the option to cancel the order at any time before Blue Sky sends the order confirmation by emailing Blue Sky at admin@blueskytraining.com.
Prices and Payment Terms.
All prices posted on the Website are subject to change without notice. The price charged for a Course will be the price in effect at the time the order is placed and will be set out in the order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling (if any). All such taxes and charges will be added to the order total and will be itemized in the shopping cart and in the order confirmation. Blue Sky is not responsible for pricing, typographical, or other errors in any offer by Blue Sky and Blue Sky reserves the right to cancel any orders arising from such errors.
Terms of payment are within Blue Sky’s sole discretion and payment must be received by Blue Sky before Blue Sky’s acceptance of an order. Blue Sky accepts all major credit cards for all purchases. The Client represents and warrants that (i) the credit card information the Client supplies is true, correct, and complete, (ii) the Client is duly authorized to use such credit card for the purchase, (iii) charges incurred by the Client will be honored by the credit card company of the credit card used, and (iv) the Client will pay charges incurred by the Client at the posted prices, including all applicable taxes, if any.
All sales of Courses are deemed to occur in Colorado, United States. The Courses are for sale within the United States only, unless further limited by applicable law. All amounts paid by the Client are deemed earned and non-refundable once Blue Sky sends the Client the order confirmation.
Blue Sky Promises and Warranties. Blue Sky shall use best efforts to provide timely and high-quality Courses for the benefit of the Client. Blue Sky represents and warrants (a) it is authorized to use all intellectual property in the Courses, and Client’s use of the foregoing consistent with the Terms does not violate any third-party rights, (b) Blue Sky uses personnel of sufficient skill and experience consistent with industry standards, and (c) Blue Sky has and maintains all necessary permissions, licenses, and certifications to offer the Courses.
Blue Sky Breach. In the event Blue Sky breaches these Terms, then Client shall notify Blue Sky within thirty days, and provide documentation and information regarding the breach as reasonably requested by Blue Sky. If Blue Sky determines it did breach the Terms, then the Client’s sole remedy, chosen in the sole discretion of Blue Sky, is either extension of time to complete the Course, or refund of the original purchase price.
State and Local Law. At all times, Client use of the Courses will be governed by the laws of the jurisdiction in which the Client uses the Courses. The Client promises to only use the Courses as permitted by the laws of the Client jurisdiction. Blue Sky may deny access to the Courses, or any part thereof, if Blue Sky determines that Client use of the Courses, or any part thereof, is not permitted under the laws of the Client jurisdiction. For the avoidance of doubt, the Client is solely responsible for ensuring compliance with the laws of the jurisdiction where the Client is located.
Blue Sky Intellectual property. Blue Sky owns, or has right under license to, all rights, title, goodwill, and interest, including all related intellectual property rights (expressly including all rights to patents, copyrights, trademarks, and trade secrets in any jurisdiction throughout the world), in and to all Courses and any suggestions, ideas, enhancement or development requests, feedback, or recommendations provided by Client relating to the Courses. Client shall not disassemble, decompile, reverse engineer, copy, reproduce, modify, or create any derivative work of any Courses. The Blue Sky name and logos, as well as the Course names and logos are trademarks of Blue Sky or are used by permission. All goodwill from the foregoing trademarks inures to the benefit of the owner thereof. The Client may not use the Blue Sky trademarks, or any confusingly similar mark, without the express written permission of Blue Sky. If for any reason the Client gains any rights in and to Blue Sky’s, or its licensors’, intellectual property, then the Client shall automatically assign such rights to Blue Sky or the applicable licensor without any further action from either party. If such rights cannot be assigned, then the Client hereby grants Blue Sky, or the applicable licensor, an irrevocable, universal, fully paid, sublicensable, exclusive license to such intellectual property. Notwithstanding the foregoing, the Client retains all right, title, and interest in and to Client’s personal information.
Grant of license. Blue Sky hereby grants Client a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to Blue Sky’s and its licensors’ intellectual property solely to complete the Courses during the term. Notwithstanding the foregoing, under no event may a person or entity use Blue Sky’s or its licensors’ intellectual property or Courses to compete with Blue Sky. Blue Sky does not grant, and is under no obligation to grant, Client additional access or licenses. To the extent Blue Sky offers the Courses pursuant to license from a third-party and such third-party license places additional conditions on use thereof, then the more restrictive conditions apply to Client’s use of such third-party licensed intellectual property, or parts thereof.
Confidentiality. Certain information shared by Blue Sky (“Disclosing Party”) with the Client (“Receiving Party”) related to these Terms and the Courses is confidential information. This includes but is not limited to personal information where disclosure would violate the expectation of privacy, trade secrets, and the Courses themselves. The Receiving Party may only use confidential information according to these Terms. The Receiving Party may not disclose confidential information to anyone or any entity without the express written permission of the Disclosing Party. If the Receiving Party is required by law to make a disclosure, it shall notify the Disclosing Party, disclose the minimum possible, and seek confidential protection for the disclosure. The rights and obligations set forth in this paragraph shall not apply to: (a) information publicly known or in the public domain prior to the time of disclosure; (b) information publicly known and made generally available after disclosure through no fault of the Receiving Party; (c) information already in the possession of Receiving Party, without confidentiality restrictions; or (d) information obtained by the Receiving Party from a third party without a breach of confidentiality.
Injunctive Relief. The Client agrees a breach of these Terms will cause irreparable injury to Blue Sky for which monetary damages would not be an adequate remedy and Blue Sky shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security, or proof of damages.
Term. The term begins when Course materials are delivered to the Client and continues until the earlier of Client’s completion of the applicable Courses, or three (3) months.
Termination and Survival. If the Client violates any of these Terms or fails to pay any amount when due, then Blue Sky may terminate their access to the Courses and Blue Sky is relieved from any further obligation to perform. Blue Sky may, but is not required to, provide limited access to the Courses following termination to permit the Client to retrieve their personal information. Any section that must survive termination to give it effect shall survive termination.
Return of Materials. Upon termination or written request of Disclosing Party, the Receiving Party will without undue delay: (i) either return or destroy all tangible documents and media in its possession or control that contain Disclosing Party’s confidential information; (ii) render unrecoverable electronically stored confidential information of the Disclosing Party in its possession or control; and (iii) certify its compliance with this paragraph in writing. Notwithstanding the foregoing, the Receiving Party will not be obligated to render unrecoverable confidential information of Disclosing Party that is contained in an archived computer system backup made in accordance with the Receiving Party’s legal and financial compliance obligations or security and disaster recovery procedure, so long as such retained information is kept confidential and not used for any purpose until deletion.
Indemnification. The Client shall fully indemnify, waive right of subrogation, hold harmless and defend Blue Sky and its managers, members, employees, agents, parent companies, subsidiaries, and Affiliates (collectively “Indemnified Parties”) from and against all claims demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs and expenses (including but not limited to reasonable attorney’s fees and costs) (“Losses”) which arises out of or relates to (a) Client violation or breach of these Terms or any applicable law or regulation; (b) Client violation of any rights of any third party; (c) any unauthorized use of the Courses, and any part thereof; or (d) Client negligent acts or omissions, gross negligence, willful misconduct or intentional acts and omissions.
Non-solicitation. During the term, and for twelve (12) months thereafter, Client agrees that it will not directly or indirectly recruit, solicit or otherwise induce or attempt to induce any employee of Blue Sky (or its Affiliates) that had direct contact with Client while that employee was acting in the course and scope of the employee’s duties with Blue Sky to terminate his or her employment with Blue Sky. Client acknowledges that if it breached this paragraph and the relevant employee left his or her employment with Blue Sky, it would be difficult to determine actual damages. Based on what the parties presently know, they agree that an amount equal to 100% of the relevant employee’s Blue Sky annual compensation is a reasonable estimate of the damages that would accrue if a breach of this paragraph occurred in the future and the relevant employee terminated his or her employment with Blue Sky as a result. Client agrees that the liquidated damages is fair and reasonable and would not act as a penalty in such an instance. This paragraph shall not preclude Client from hiring a Blue Sky employee where that employee independently responded to a job posting made available to the public.
Outcomes Liability. BLUE SKY CANNOT, AND DOES NOT, PROMISE OR GUARANTEE ANY PARTICULAR RESULT, OUTCOME, CAREER, EMPLOYMENT, LICENSURE, OR CERTIFICATION BY USING THE COURSES.
Warranty Disclaimer. TO THE FULLEST EXTENT PERMITTED BY LAW, BLUE SKY DISCLAIMS, AND THE CLIENT WAIVES, ALL LIABILITY WITH RESPECT TO ACTIONS THE CLIENT MAY TAKE OR NOT TAKE BASED ON THE COURSES, OR THE CLIENT USE THEREOF. THE ENTIRE RISK ARISING OUT OF CLIENT USE OF THE COURSES, AND ANY THIRD-PARTY PRODUCTS, GOODS OR SERVICES REMAINS SOLELY WITH THE CLIENT. EXCEPT FOR THE EXPRESS WARRANTIES HEREIN, THE COURSES, AND ANY PART THEREOF ARE PROVIDED TO THE CLIENT ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND BLUE SKY HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. BLUE SKY DOES NOT WARRANT THAT: (a) THE COURSES WILL MEET CLIENT REQUIREMENTS; (b) INACCURACIES OR DEFECTS IN THE COURSES CAN OR WILL BE CORRECTED; OR (c) THE COURSES ARE ACCURATE OR CURRENT. BLUE SKY HAS NO OBLIGATION TO INDEMNIFY, DEFEND, RELEASE OR HOLD THE CLIENT HARMLESS. THE CLIENT EXPRESSLY WAIVES BLUE SKY LIABILITY FOR ANY LOSSES BASED ON, OR CAUSED BY, THE NEGLIGENCE OF BLUE SKY OR ITS AFFILIATES IN WHOLE OR IN PART.
CONSEQUENTIAL DAMAGES. BLUE SKY SHALL NOT BE LIABLE TO THE CLIENT FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS OPPORTUNITY, BUSINESS INTERRUPTION, LOSS OF GOODWILL, DAMAGE TO BUSINESS REPUTATION, LOSS OF BUSINESS INFORMATION, WORK STOPPAGE, LOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION, OR OTHER SUCH PECUNIARY LOSS), WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT, OR OTHERWISE, EVEN IF THE CLIENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Transfer, Assignment, Severability, and Integration. Client agrees that it will not rent, lend, or transfer any Courses without the express written permission of Blue Sky. Client shall not directly or indirectly assign, transfer, convey, pledge, encumber or otherwise dispose of any rights or obligations under these Terms without the prior written consent of Blue Sky. Any assignment made without Blue Sky’s consent is void and ineffective. If any paragraph of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining paragraphs shall not in any way be affected or impaired thereby. These Terms set forth the entire agreement relating to the subject matter hereof and supersede all prior agreements, discussions, and understandings between them, whether oral or written, relating to the subject matter hereof.
Arbitration. The parties agree any dispute arising from, or related to, these Terms and any claim arising out of or in connection thereto (including any claims in contract, tort, or otherwise) will be resolved by submission to arbitration. The parties agree to select a mutually agreeable arbitrator. If they cannot agree to an arbitrator, then the parties will each select an arbitrator, who will then select a third arbitrator to serve as a 3-arbitrator panel. The parties agree to arbitrate a dispute at a location that is mutually convenient to both parties, which may include virtual arbitration. All decisions and awards rendered by the arbitrator will be final and binding on the parties for all questions submitted to such arbitrator and the costs associated with such submission shall be shared equally by the parties unless the arbitrator decides otherwise. The parties waive all rights of appeal therefore to any court or tribunal and agree that the only recourse by any party to any court will be for the purpose of enforcing an arbitration award. The parties submit to the venue and jurisdiction of any court solely for the purpose of enforcement of any arbitration award. To the extent not addressed in these Terms, the American Arbitration Association (AAA) commercial arbitration rules govern arbitration in these Terms. Notwithstanding the foregoing, Blue Sky may seek injunctive relief allowed by these Terms with a court having jurisdiction without first pursuing arbitration. Furthermore, IF A COURT OF COMPETENT JURISDICTION DETERMINES THIS SECTION IS INVALID, THEN THE PARTIES HEREBY IRREVOCABLY AGREE TO SUBMIT ANY DISPUTE EXCLUSIVELY IN THE STATE COURTS OF COLORADO LOCATED IN LARIMER COUNTY AND WAIVE ANY CHALLENGE TO IMPROPER VENUE.
Governing law. These Terms and any claim arising out of or in connection with the Courses (including any claims in contract, tort, or otherwise), shall be construed under the laws of the state of Colorado regardless of conflict of law provisions. Neither party will bring any legal action more than one year after the cause of action arose.
Prevailing Party. In the event of any arbitration or litigation arising out of or related to these Terms or the Courses, the prevailing party shall be entitled to recover from the non-prevailing party all costs and expenses associated with such proceedings, including reasonable attorney’s fees. For purposes of this paragraph, if a matter is filed in any venue other than as specified in these Terms, and the matter is dismissed for improper venue, the Party that did not file the action shall be deemed the prevailing party in that action.
Notices. All notices to Client under these Terms will be deemed given when delivered via e-mail to the address on file with Blue Sky. All notices to Blue Sky under these Terms will be deemed given when delivered via certified mail, return receipt requested, to: Blue Sky Training LLC, 4349 E County Rd 60, Wellington, CO 80549