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General Terms & Conditions for all Paid Products or Services
The following Terms and Conditions are entered into by and between You (herein referred to as “Client”), and Soul Star Foundation LLC (“Company”, “we”, or “us”).
By purchasing any of our Products or Services (“Courses”, “Programs”, “Sessions”, or “Subscriptions or Memberships”), Client agrees to abide by all policies, terms, and procedures as outlined in this agreement.
Client understands that the Company is not an employee, agent, lawyer, doctor, manager, therapist, business manager, accountant, psychotherapist, or financial analyst. Client understands their participation in any program will not treat or diagnose any disease, illness, or ailment and if they should experience any such issues they should see their registered physician or other practitioner as determined by their own judgment.
Client understands that Company has not promised, shall not be obligated to and will not; (1) procure or attempt to procure employment or business or sales for Client; (2) Perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto; or (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy. Client understands that a coaching relationship does not exist between the parties after the conclusion of the Program. If the Parties continue their relationship, a separate agreement will be entered into.
NO GUARANTEES AS TO RESULTS
By purchasing any of our Products, you agree that the Company has not made any guarantees about the results of taking any action, whether recommended on by the Product or not. The Company provides educational and informational resources that are intended to help users of their Products. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients of the Company or otherwise – applying the principles set out in this Website, are no guarantee that you or any other person or entity
When you purchase any of the Company’s products, you’re getting access to proprietary information that is owned by the Company. By purchasing, you agree that you will not reproduce, share, or alter in any way any of the content, branding, marketing related to or shared in the course without first obtaining written consent from the Company.
METHODS OF PAYMENT
The client authorizes the Company to charge Client’s credit card(s), debit card(s), or bank account for the agreed upon amount that is listed during the checkout process.
CANCELLATION OF SESSIONS
All cancellations or rescheduling of any pre-paid sessions must be completed 24 hours prior to the scheduled time of the session. If the client is a no-show for their session, they are responsible for contacting the Company to reschedule their session. All no-shows, cancellations, or reschedules that happen after the 24-hour cancellation window will be subject to an additional $25 rescheduling fee that must be paid prior to the rescheduled session.
CANCELLATION OF MEMBERSHIP
Certain of the Company’s products and services are offered on an ongoing basis with a membership subscription. Users may cancel their membership at any time by emailing firstname.lastname@example.org.
Your membership shall be terminated at the completion of your current billing cycle, and you shall not receive any refund. You shall not be charged after a cancellation. PLEASE NOTE: A MEMBERSHIP/SUBSCRIPTION IS DIFFERENT THAN A PAYMENT PLAN, AND THE ABOVE DOES NOT APPLY TO PAYMENT PLANS.
REFUNDS FOR SESSIONS
Client may request a refund for an individual session up to 1 week after the session was originally purchased. After this time, no refunds are offered.
REFUNDS FOR INSTANT ACCESS COURSES
Refunds for courses where the client receives Instant Access to the course material: The client has 24-hours from the exact date and time of their initial payment to request a refund. Refund requests must be sent via email to email@example.com. After the 24-hour time period has passed, no refunds will be offered.
REFUNDS FOR PACED COURSES
Refunds for courses where the client signs up for a Paced Course, where the information is released one module at a time: The client has 1 week from the exact date and time when the first module’s content has been released to request a refund. Refund requests must be sent via email to firstname.lastname@example.org. After the 1 week time period has passed, no refunds will be offered.
If Client misses a payment, Client’s access to the program will be suspended until Client’s payments are current. Access to the Program will be revoked until account is current and all payments have been collected in full. If the Client experiences circumstances that fundamentally inhibit his/her ability to complete the agreed upon payment plan (such as job loss, death), his/her access to the program will be withdrawn immediately and the payment plan will be canceled. When the Client is able to complete the payment for the full remaining amount due on the plan, his/her access to the course will be reinstated immediately upon full payment. Client is still liable for the total cost of the Program. Company reserves the right to institute alternative collections actions including but not limited to; credit/debt collection service(s) or arbitration.
The Company respects Client’s privacy and insists that Client respects the Company’s and Program Participants (herein referred to as “Participants”). Thus, consider this a mutual non-disclosure agreement. Any Confidential Information shared by Program Participants or any representative of the Company is confidential, proprietary, and belongs solely and exclusively to the Participant who discloses it. Both Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, during group coaching calls, from the forum or otherwise.
Client agrees not to use such confidential information in any manner other than in discussion with the Company or other Program Participants during the Program. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party.
When you purchase any of the Company’s products, you’re getting access to proprietary intellectual information that is owned by the Company. By purchasing, you agree that you will not reproduce, share, or alter in any way any of the content, branding, marketing related to or shared in the course without first obtaining written consent from the Company.
Both Parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.
Further, Client agrees that if they violate or display any likelihood of violating this section the Company and/or the other Program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
OPTIONAL: MIGHTY NETWORKS FORMS GROUP
Client understands their name and other identifying information may be displayed amongst Program Participants in the Mighty Networks group and that system errors may occur. The Client understands that any information they share in a Mighty Networks Forum group may be shared anonymously as promotional marketing material for the Company and/or the associated Program.
The Company reserves the right at all times to disclose any information shared within the Mighty Networks Forum group as necessary to satisfy any applicable law, regulation, legal process or governmental request. The Company also may edit, refuse to post or to remove any information or materials from the Forum/Group, in whole or in part, in the Company’s sole discretion.
Client accepts and agrees that Client is 100% responsible for their progress and results from the Program. Participation is the one vital element to the Program’s success that relies solely on Client. Company makes no representations, warranties or guarantees verbally or in writing regarding Client’s performance. Client understands that because of the nature of the program and extent, the results experienced by each client may significantly vary. By submitting payment, Client acknowledges that as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that Client will reach their goals as a result of participation in the Program.
INDEPENDENT CONTRACTOR STATUS
Nothing in this Agreement is to be construed as creating a partnership, venture alliance, or any other similar relationship. Each party shall be an independent contractor in its performance hereunder and shall retain control over its personnel and the manner in which such personnel perform hereunder. In no event shall such persons be deemed employees of the other party by virtue of participation or performance hereunder.
NON-SOLICITATION OF PERSONNEL
Each of the parties hereto covenants and agrees that it shall not, during the term of this agreement and for a period of twelve (12) months after termination, directly or indirectly, employ, engage, contract with or in any other way utilize or solicit or make any offers for the services of any of the other party’s employees, contractors or other personnel. Violation of this section is grounds for termination of Client’s participation in the Program without forgiveness of monthly payments. Client will still be liable to pay the total contract amount.
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under this Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
This Agreement constitutes and contains the entire agreement between the parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter.
1) LIMITATION OF LIABILITY
Client agrees they used Company’s services at their own risk and that Program is only an educational service being provided. Client releases Company, its officers, employers, directors, and related entities from any and all damages that may result from any claims arising from any agreements, past or present, between the parties. Client accepts any and all risks, foreseeable or unforeseeable.
Client agrees that Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrollment in the Program.
In the event that a dispute arises between the Parties, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. The Parties agree that neither will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, or disparaging to each other or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
This Agreement may not be assigned by either party without express written consent of both parties.
Company is committed to providing all clients in the Program with a positive Program experience. Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Program without refund or forgiveness of monthly payments if Client becomes disruptive or difficult to work with, inhibits the participation of other Program Participants or upon violation of the terms. In the event Company terminates this Agreement due to a breach by the Participant, the Participant shall immediately cease using the Materials. The obligations of the Participant under this Agreement shall remain in effect in perpetuity after expiration or termination of this Agreement. Client will still be liable to pay the total contract amount.
Client shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company.
6) RESOLUTION OF DISPUTES
If not resolved first by good-faith negotiation between the parties, every controversy or dispute relating to this Agreement will be submitted to the American Arbitration Association. All claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Client, Client is responsible for any and all arbitration and attorney fees.
7) EQUITABLE RELIEF
In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.
Any notices to be given hereunder by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by fax or email. Email: email@example.com
This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Waiver of any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance.
This Agreement shall be governed by and construed in accordance with the laws of the State of Hawaii, United States of America. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which, together, will constitute one and the same instrument. The parties hereto have caused this Agreement to be executed and delivered as of the date of purchase by Client.
CHANGES TO TERMS
The Company reserves the right, in its sole discretion, to change the Terms under which the Products are offered. The most current version of the Terms will supersede all previous versions. The Company encourages you to periodically review the Terms to stay informed of our updates.
The Company welcomes your questions or comments regarding the Terms:
Soul Star Foundation LLC
PO Box 792141
Paia, HI 96779
Email Address: firstname.lastname@example.org
Effective as of 7/18/2022
*Email contact information updated 12/28/2020.