Terms & Conditions

Terms & Conditions

LAST UPDATED JUNE 14, 2024

The terms and conditions included on this webpage (“Terms”) govern your purchase, possession, and use of any consulting, coaching, leadership development, or employee engagement services or products sold by Best Christian Workplaces Institute, a Washington nonprofit corporation (the “Company,” “we,” “us,” or “our”). The Terms also govern your use of Company websites and mobile applications, including, without limitation, www.workplaces.org and www.bwinstitute.com (collectively, the “Site”). [Our Privacy Policy is incorporated into the Terms.] By visiting or using the Site, including by making any purchase using the Site, you expressly agree to these Terms, as updated from time to time. If you choose not to be bound by the Terms, then you must not use the Site or make any purchases from the Site.

1. The Terms include capitalized defined terms

As used in the Terms:

  • “BCW Services” includes all services offered by the Company, including its Employee Engagement Surveys, Leadership 360 Surveys, Discovery Groups, and all coaching, counseling, and consulting services, sessions, reports, meetings, and leadership development.
  • “Released Parties” means the Company and each of its parent, subsidiary, affiliated, and related entities (including any entity that controls, is controlled by, or is under common control with, the Company), and the directors, officers, employees, members, agents, managers, and volunteers of the foregoing entities. The term “Released Party” means one of the Released Parties.
  • “Client” means an entity sponsoring and receiving BCW Services at their organization, whether for the benefit of an organization, or an individual leader.
  • “Coachee” or “Leader” means an individual leader receiving individualized BCW Services. Generally this includes Leadership 360 and individual consulting.
  • ”Participant” means any individual who participates in any BCW Services. Participants generally participate in meetings and surveys and offer insight and feedback to the Leader or Client in the course of the BCW Services.
  • “Minor” means an individual who is under the age of 18.

2. Purchasing BCW Services using the Site creates a binding legal agreement

If you purchase BCW Services using the Site, you enter into an enforceable legal contract that includes these Terms. Purchasing BCW Services using the Site constitutes an agreement between you and the Company to conduct a transaction by electronic means. When you make a purchase using the Site, you are providing and authorizing use of an electronic signature. The Terms cannot be modified by oral agreement.

You represent that if you purchase BCW Services for any other person, the other person is aware of the Terms, has authorized you to accept the Terms on their behalf, and will comply with the Terms.

You and any other person who participates in any BCW Services may be asked to reaffirm your agreement with the Terms (as in effect on the date of the BCW Services) as a condition of participating in the BCW Services. The Terms are still binding on you and any other person participating in the BCW Services even if there is no reaffirmation of agreement with the Terms at that time.

3. The Site is not intended for children

The Site is not targeted at children under the age of 13, and they are not permitted to use the Site. If you access the Site, you affirm that you are at least 13 years old. Also, if you purchase any BCW Services using the Site, you represent that you are at least 18 years old.

4. The Terms may be updated from time to time

We may make changes to the Terms at any time. Any changes we make will be effective immediately when we post a revised version of the Terms on the Site. The “Last Updated” date above will tell you when the Terms were last revised. By continuing to use the Site after that date, you agree to the changes. To the extent updated Terms differ from a prior version of the Terms that you previously agreed to, the updated version of the Terms governs.

5. The Company disclaims all warranties regarding the Site

WE PROVIDE THE SITE AND ITS CONTENTS TO YOU "AS IS" AND "AS AVAILABLE". YOU USE THE SITE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AND TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE, OR ERROR-FREE, OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

6. You assume all risks in connection with attending and participating in the BCW Services

Attending and participating in the BCW Services is entirely voluntarily, and may result in damage to personal property, personal injury, emotional distress, or even death. For example, sessions and BCW Services may involve confronting and discussing inner feelings, emotions, and motivations, which could cause emotional pain and distress, or other Participants may act in a manner that causes injury or damage.

We are not responsible for providing transportation or reimbursement of travel-related expenses under any circumstances, and we are not responsible for any delay causing you to arrive late or miss your scheduled BCW Services for any reason.

You voluntarily assume all risks, hazards, and dangers incident to the BCW SERVICES, whether occurring before, during, or after the BCW SERVICES, and you waive any and all claims against the Company and any other Released Party on behalf of yourself and anyONE WHO asserts a claim on your behalf. The term “Released Party” is defined in Section 1.

7. You release the Company from liability and you agree not to sue the Company

YOU KNOWINGLY AND EXPRESSLY RELEASE THE COMPANY AND EACH OTHER RELEASED PARTY FROM ANY AND ALL CLAIMS, LIABILITIES, AND DEMANDS OF WHATEVER KIND OR NATURE, EITHER IN LAW OR IN EQUITY, THAT MAY ARISE IN CONNECTION WITH, OR RELATE IN ANY WAY TO, THE SITE, ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, OR ANY BCW SERVICES (THE “RELEASED CLAIMS”). YOU COVENANT NOT TO SUE THE COMPANY OR ANY OTHER RELEASED PARTY FOR ANY RELEASED CLAIM. YOU RELEASE THE RELEASED CLAIMS ON BEHALF OF YOURSELF AND ANY PERSON OR ENTITY THAT MAY BE ENTITLED TO MAKE A CLAIM ON YOUR BEHALF.

WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ANY OTHER RELEASED PARTY BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY TYPE, OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF OR IN CONNECTION WITH THE SITE, ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, OR ANY BCW SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. AGAIN, WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT WE WILL HAVE NO LIABILITY FOR (A) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (B) ANY UNAUTHORIZED ACCESS TO OR USE OF ANY PERSONAL INFORMATION OR FINANCIAL INFORMATION IN OUR POSSESSION OR CONTROL, OR (C) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE.

FOR PURPOSES OF THE PRECEDING PARAGRAPHS, THE TERMS “RELEASED PARTIES” AND “RELEASED PARTY” ARE DEFINED IN SECTION 1.

 

THE LIMITATIONS IN THIS SECTION 7 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK IN THE TERMS IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY. THE COMPANY’S AGGREGATE LIABILITY ARISING OUT OF THE TERMS OR THE USE OF THE SITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID THE COMPANY IN THE PAST TWELVE MONTHS. UNDER NO CIRCUMSTANCES WILL ATTORNEYS' FEES BE AWARDED TO YOU OR RECOVERABLE BY YOU. OUR LIABILITY WILL BE LIMITED UNDER THIS SECTION 7 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

THE PROVISIONS OF THIS SECTION 7 WILL NOT APPLY TO THE EXTENT APPLICABLE LAW PERMITS THE RECOVERY OF DAMAGES, ATTORNEYS' FEES, OR COSTS OTHERWISE PROHIBITED UNDER THIS SECTION 7. THE PROVISIONS OF THIS SECTION 7 THAT (a) PROHIBIT DAMAGES TO BE MULTIPLIED OR OTHERWISE INCREASED, (b) IMPOSE A DAMAGES LIMITATION OF THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS, AND (c) PROHIBIT THE RECOVERY OF ATTORNEYS' FEES AND COSTS, DO NOT APPLY IN CERTAIN STATES TO CLAIMS BROUGHT UNDER STATUTES PERMITTING SUCH RECOVERY.

YOU ARE FAMILIAR WITH AND HEREBY WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE (AND SIMILAR PROVISIONS OF OTHER JURISDICTIONS) WHICH PROVIDES AS FOLLOWS: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

8. You agree to indemnify the Company

If anyone brings a claim against us or another Released Party related to your use of the Site, your purchase of a product or service through the Site, or any BCW Services (including, but not limited to, a claim related to actions or omissions by you or a person for whom you purchase BCW Services, injuries or losses sustained by you or a person for whom you purchase BCW Services, or a violation of the Terms by you or a person for whom you purchase BCW Services), you agree to indemnify, defend, and hold us and all Released Parties harmless from and against any and all claims, damages, losses, and expenses of any kind (including reasonable attorneys’ fees and costs). We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses. The terms “Released Parties” and “Released Party” are defined in Section 1.

9. You agree to mandatory arbitration for disputes and you waive all class action rights

Arbitration Agreement

YOU AND WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY DISPUTE, CLAIM, OR CONTROVERSY RELATING IN ANY WAY TO THE TERMS, YOUR USE OF THE SITE, PRODUCTS OR SERVICES SOLD THROUGH THE SITE, OR THE BCW SERVICES—IRRESPECTIVE OF WHEN THAT DISPUTE, CLAIM, OR CONTROVERSY AROSE—WILL BE RESOLVED SOLELY BY BINDING, INDIVIDUAL ARBITRATION AS SET FORTH IN THE TERMS, RATHER THAN IN COURT. YOU AND WE EACH AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL, AND AGREE THAT YOU AND WE MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Exceptions. The arbitration agreement and class action waiver set forth in this Section 9 are subject to these limited exceptions:\

  • You may assert claims in small claims court if your claims apply.
  • If this arbitration agreement is for any reason held to be unenforceable, or if you opt out of this arbitration agreement following the process described below, then any litigation against us (except for small claims court actions) may be commenced only in a federal or state court located within King County, Washington, and you and we each consent to the exclusive jurisdiction of those courts for such purposes.

Informal Dispute Resolution. You and the Company each recognize and agree that good faith, informal efforts to resolve disputes often result in prompt, low-cost, and mutually beneficial outcomes. Therefore, you and the Company each agree that before either you or the Company may commence an arbitration or assert a claim in small claims court, you and the Company will engage in the following informal dispute resolution process:

  • The party seeking to initiate a claim in arbitration or small claims court (“Claimant”) must give written notice to the other party (“Respondent”). To notify us that you intend to initiate informal dispute resolution, you must send an email to Best Christian Workplaces Institute at privacy@workplaces.org, providing: your full name; your email address and mailing address; your legal counsel’s name and contact information, if you are represented by legal counsel; and a brief description of your claim(s) and the relief sought. To notify you that we intend to initiate informal dispute resolution, we will email you at the email address you have provided to us and provide a brief description of our claim(s) and the relief sought, and our legal counsel’s name and contact information.
  • You and we will then meet and confer, via teleconference or videoconference, in a good faith effort to informally resolve any claim covered by this arbitration agreement. If either you or the Company is represented by legal counsel, that legal counsel may participate in the informal dispute resolution conference.
  • All offers, promises, conduct, and statements made in the course of the informal dispute resolution process by any party, its agents, employees, and attorneys are confidential and not admissible for any purpose in any subsequent proceeding, provided that evidence that is otherwise admissible or discoverable will not be rendered inadmissible or non-discoverable as a result of its use in the informal dispute resolution process.
  • The informal dispute resolution conference will occur within sixty (60) days of receipt of the written notice described above, unless an extension is mutually agreed upon by you and us. If, after participating in that conference, you and we have been unable to resolve the dispute, the claimant may commence an arbitration or assert a claim in small claims court in accordance with this arbitration agreement.
  • Any statute of limitations will be tolled while you and we engage in the informal dispute resolution process described in this section.

Governing Law; Interpretation and Enforcement. This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) (“FAA”), including its procedural provisions, in all respects. This means that the FAA governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver. State arbitration laws do not govern in any respect. Further, you and we each agree that the Terms evidence a transaction involving interstate commerce, and will be governed by and construed in accordance with federal law to the fullest extent possible.

Arbitration Generally. There is no judge or jury in arbitration, and court review of an arbitration award is limited pursuant to the FAA. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the Terms as a court would. By agreeing to arbitration under the Terms, you are waiving the right to a court or jury trial, and you are agreeing that all disputes will be arbitrated on an individual basis, and not as a class action, representative action, class arbitration, or similar proceeding.

Arbitration Proceedings and Rules. Arbitrations will be administered by JAMS in accordance with its then-existing commercial arbitration rules. Information about arbitration, arbitration procedures, and fees may be obtained from JAMS by visiting www.jamsadr.com. If JAMS is unable or unwilling to arbitrate a dispute, then the dispute may be referred to any other arbitration organization or arbitrator the parties both agree upon in writing or that is appointed pursuant to section 5 of the FAA. The arbitration will take place in Seattle, Washington. The arbitration will be presided over by a single arbitrator, who will be selected in accordance with the rules that, as specified above, will govern the arbitration. The arbitrator will be authorized to award any relief that would have been available in court, provided that the arbitrator’s authority is limited to you and the Company alone, except as otherwise specifically stated herein. No arbitration decision will have any preclusive effect as to non-parties. The arbitrator's decision will be final and binding. The parties agree that the arbitration agreement in the Terms extends to any other parties involved in any arbitration claims. This arbitration agreement will take precedence over the rules of the arbitration organization or arbitrator if there is any conflict.

Arbitration Fees and Costs. If you commence an arbitration in accordance with the Terms, you will be required to pay the filing fee. You will not be responsible for paying any other fees for the arbitration, other than the filing fee; all other fees or expenses charged by JAMS will be paid by us (unless the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose). If the arbitration is conducted by a different arbitration provider in accordance with the Terms, payment of any filing, administration, or arbitrator fees will be governed by that provider’s rules.

Attorneys’ Fees. You are responsible for your own attorneys’ fees; we will not pay any attorneys’ fees unless ordered to do so by the arbitrator. For the avoidance of doubt, in cases where a statute gives you the right to recover attorneys’ fees if you prevail, the arbitrator may award attorneys’ fees pursuant to that statute.

Opportunity to Opt-Out. You may opt out of this arbitration agreement if you purchase or participate in BCW Services. If you do not wish to be bound by this arbitration agreement, you must notify us by mailing a written opt-out notice, postmarked within seven (7) days after the date of the BCW Service. An opt-out notice is only valid for a single BCW Service session, and if you wish to opt out with respect to more than one BCW Service session then you must send a separate opt-out notice for each BCW Service session. You must send each opt-out notice to: Best Christian Workplaces Institute, C/O Jay Bransford, CEO, 9311 SE 36 Street, Ste 202, Mercer Island, WA 98040. The request must include your full name, email address, mailing address, phone number, and the statement "I reject the Arbitration Agreement contained in the BCW Services,” along with a written description of the BCW Service that includes the name, date, and location of the BCW Service. If you exercise the right to reject arbitration, all of the rest of the Terms will remain in full force and effect as if you had not rejected arbitration.

Survival. These provisions in this Arbitration Agreement will survive the termination of the Terms, the conclusion of the BCW Services, and the bankruptcy or insolvency of a party (to the extent permitted by applicable law).

10. BCW Services purchases are subject to specific procedures

Payment for BCW Services. All prices for BCW Services are stated in U.S. Dollars. We accept several methods of payment, including American Express, Visa, MasterCard, and Discover. Payment transactions are processed by a third-party payment processor, and you agree that we are not liable for any actions, errors, or omissions of such third-party payment processor.

 

Taxes and Fees. BCW Services purchased on our Site may be subject to fees. We collect tax as required by state and local laws. We may display the tax separately or include it in the total service fee amount. You may need to pay shipping or delivery fees. Fees may not reflect the actual cost to the Company, and fees may include a profit to the Company.

 

Orders Subject to Verification. All information on orders must be valid and is subject to verification. Orders are subject to credit card approval. Orders that are placed, or attempted to be placed, using information that is found to be false, misleading, incorrect, or incomplete, or that cannot be verified, are subject to cancelation by the Company. If your order is canceled for any of the foregoing reasons, we may sell the BCW Services you tried to purchase to another customer without further notice. We may also prohibit you from using the Site.

 

Order Confirmation. Your order is confirmed when we send you a confirmation, in the form of a confirmation page or email (“Order Confirmation”). If you do not receive an Order Confirmation after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm whether your order has been placed. Only you may be aware of any problems that may occur during the purchase process. We will not be responsible for losses if you assume that an order was not placed because you failed to receive an Order Confirmation, or if you assume that an order was placed but you did not receive an Order Confirmation.

 

Order Cancelations by Company. If the amount you pay for BCW Services is incorrect, or if you are able to purchase BCW Services that were not supposed to have been available, then we will have the right to cancel that BCW Service and refund to you the amount that you paid. This will apply regardless of whether an error occurred or the source of an error. We will not be liable for travel, lodging, or any other expenses that you, or anyone else, incur in connection with order cancelations of this nature.

 

11. BCW Services may be canceled, rescheduled, or moved

 

BCW Services may be canceled or rescheduled to a different date or materially different time, or moved to a different venue. The decision to cancel or reschedule BCW Services may be made by the Company or may be outside the control of the Company. We will work with you to attempt to reschedule any BCW Services for all participants mutual convenience, but make no such promise or guarantee.

 

If BCW Services are canceled, we will issue you a refund. If BCW Services are rescheduled or moved, you have the option to keep or cancel the services in exchange for a refund. In order to receive a refund, you must submit the refund request no later than the day before the BCW Services. You can submit a refund request by sending us an email at privacy@workplaces.org. The refund request must include your name, email address, mailing address, phone number, and a description of the BCW Services which were purchased.

 

If BCW Services are canceled, rescheduled, or moved, we will try to notify you using the email address you provided when you purchased the BCW Services. However, we cannot guarantee that we will be able to reach you. We will not be liable for travel, lodging, or any other expenses that you or anyone else incur in connection with canceled, rescheduled, or moved BCW Services.

 

12. You can be investigated and punished for violating the Terms

 

If you breach any of the Terms, we may without prior notice to you: (A) block or limit your access to BCW Services; (B) cancel any BCW Services or orders you have placed through the Site without providing you a refund; (C) prohibit you from future BCW Service purchases through the Site; and (D) take legal action against you consistent with the Terms. Regardless of whether we take any of these actions, you will still be bound by your obligations under the Terms. We may investigate any violation of the Terms, including unauthorized use of the Site, and we may provide law enforcement with information you provide to us related to your transactions to assist in any investigation. You agree that if you violate any of the Terms, monetary damages may not provide us with a sufficient remedy, and we may pursue injunctive or other relief.

 

13. Any part of the Terms that is unenforceable is severable

 

It is our belief that the Terms do not contain any provision contrary to law. However, if any part of the Terms is determined to be illegal, invalid, or unenforceable, you agree that: (a) that part will nevertheless be enforced to the extent permissible in order to effect the intent of the Terms, and (b) the remaining parts of the Terms will be deemed valid and enforceable.

 

14. You can contact us if you have questions

 

If you have any questions, comments, or complaints regarding the Terms or the Site, please contact us at:

 

Best Christian Workplaces Institute

Attn: Jay Bransford, CEO

9311 SE 36th Street, Ste. 202

Mercer Island, WA 98040

206-230-8111

privacy@workplaces.org