TERMS AND CONDITIONS OF PURCHASE
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
1. PRICES AND PAYMENT TERMS
Upon purchase, you will receive a username and password for each subscription you purchase in the Order.
For example, if you purchase only one subscription, you will receive only one username and password, and only one person may access and use the Product. (Sorry, no sharing!)
2. REFUND POLICY
Refund policies differ per program. At this time, there’s no refunds for products, programs, or bundles containing energetic transactions. Programs with their own contract have refund descriptions in their contract.
- There is no refund available for Spellbinding Sales, The Quantum Selling Experience™, or the Soul of the Business Bundle due to the energetic transactions that occurs in this space.
- Company Discretion. After you have emailed us your refund request, all refunds are within the Company’s sole discretion as to whether to grant or deny the refund request.
3. INTELLECTUAL PROPERTY
You agree that the Products contain proprietary information and materials, such as videos, coursework, lesson plans, training modules, templates, photographs, software, text, graphics, images, and audio recordings (collectively, “Product Content”) that are owned by Kristen Jett and/or its licensors and are protected by copyright, trademark, and other applicable intellectual property laws. Duplicating, sharing, or uploading any Product Content, including to any sharing or social media sites, is considered stealing, and Kristen Jett will prosecute such misconduct to the fullest extent permitted by law.
Kristen Jett provides you with the Products solely for your personal, noncommercial use, and you agree that you will not use any of the Product Content in any way whatsoever except for use in compliance with this Agreement. You will not use any Product Content in a manner that constitutes an infringement of Kristen Jett’s rights or that has not been authorized by Kristen Jett. More specifically, unless explicitly authorized in this Agreement, you may not modify, copy, reproduce, republish, upload, post, transmit, rent, lease, loan, translate, sell, create derivative works of, exploit, or distribute in any manner or medium (including by email or other electronic means) any Product Content. You may, however, from time to time, download and/or print one copy of individual pages of the Product Content for your personal, noncommercial use, provided that you keep intact all copyright and other proprietary notices.
To be clear: please be aware that you may not create derivative works, resource guides, marketing or business materials, source material, intellectual property, websites, blogs, web content, or any other works that reference Kristen Jett, the Products, or the Product Content, or infringe on any of Kristen Jett’s or its licensors’ intellectual property in any way. Any material that you create should be focused on your business, not Starlit Strategies. All copyrights, trademarks, and other intellectual property rights in and to the Products and the Product Content (including the compilation of content, postings, links to other internet resources, and descriptions of those resources) are owned by Kristen Jett and/or its licensors, which reserve all of their rights, title, and interests in law and equity.
Basically, use these products/courses/etc in the way we’ve agreed on – anything else is prohibited and may infringe on Kristen Jett’s intellectual property rights. This may subject you to civil and criminal penalties.
4. THIRD-PARTY MATERIALS AND WEBSITES
Kristen Jett may provide links to third-party materials and websites as a convenience to you. These third-party materials and websites are not part of the Products, and they may be either withdrawn or terminated from the Products at any time without notice to you and without any liability to Kristen Jett.
You agree that you will be responsible for all payment and other obligations associated with your use of any and all third-party materials and websites. Kristen Jett does not warrant and will not have any liability or responsibility for any third-party materials, websites, products, or services. You further agree that you will not use any third-party materials and websites in a manner that would infringe or violate the rights of any other party.
See the Disclaimer page for the full disclaimer.
Basically, products are provided – as is. I can’t guarantee that you will get any specific results or earn a specific income – for a plethora of reasons including I’m not doing the work for you, nor am I responsible for your energy, full range of knowledge, or skill.
You agree and understand that your use of these products makes YOU fully responsible for the outcome of your work. There are no representations, guarantees, or warranties regarding your earnings, profits, or business growth.
6. ADDITIONAL TERMS AND CONDITIONS
A) GOVERNING LAW. You and Kristen Jett Co. have entered into this Agreement in the State of Virginia and agree that the validity, interpretation, and legal effect of this Agreement, as well as all disputes among you and Kristen Jett Co., shall be determined in accordance with the laws of the State of Virginia, United States of America, without regard to conflicts of law principles that would dictate the application of the law of a different jurisdiction.
B) LIMITATION OF LIABILITY.
Kristen Jett Co., Starlit Strategies, all owners, employees, affiliates, contractors, or other related personal are not held liable for any damages arising from use of products or courses.
C) BINDING EFFECT. This Agreement shall be binding upon, and inure to the benefit of, the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties. We may assign this Agreement at any time without notice to you. You have no right to assign this Agreement, by operation of law or otherwise. The Products are non-transferable.
D) TERMINATION. Kristen Jett Co. is committed to providing all customers with a positive experience. If you fail, or Kristen Jett Co. suspects that you have failed, to comply with any of the provisions of this Agreement, Kristen Jett Co., in its sole discretion and on notice to you, may: (a) limit, suspend, or terminate your access to the Products and/or you participation in program without refund; and/or (b) terminate this Agreement. Your obligations to Kristen Jett Co. under this Agreement will survive expiration or termination of this Agreement for any reason.
E) CHANGES. Kristen Jett Co. reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your access and use of the Products. Such modifications and additional terms and conditions shall be effective immediately and incorporated into this Agreement. Your continued use of the Products will be deemed your acceptance thereof. The changes may be listed in an area accessible to you on the Starlit Strategies website or you may be notified by either e-mail or postal mail. If you have any questions, please contact our legal department directly at firstname.lastname@example.org.
F) INDEMNIFICATION. By purchasing a subscription to the Products and/or using the Products, you, to the extent permitted by applicable laws, agree to defend, indemnify, and hold harmless Kristen Jett Co. , its owners, officers, directors, employees, affiliates, contractors, licensors, successors, or assigns 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 your breach of this Agreement and/or your misuse of Products. You recognize and agree that all of Kristen Jett Co.’s owners, officers, directors, employees, shareholders, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions or representations of Kristen Jett Co..
G) BINDING ARBITRATION. In the event of a dispute arising under or relating to this Agreement or the Products (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. As set forth in Section 6(J) below, nothing in this Agreement will prevent the Company from seeking injunctive relief in any court of competent jurisdiction as necessary to protect its proprietary interests.
H) CLASS ACTION WAIVER. You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (a) no arbitration or proceeding shall be joined with any other; (b) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
I) EQUITABLE RELIEF. You acknowledge and agree that in the event of a breach or threatened violation of Kristen Jett Co.’s intellectual property rights and confidential and proprietary information by you, Kristen Jett Co. will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. Kristen Jett Co. may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the Arbitration referenced above. You consent to the personal and subject matter jurisdiction of the federal and state courts in Chesapeake County, Virginia, United States of America for purposes of any such action by Kristen Jett Co..
J) ENTIRE AGREEMENT. This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements or conditions, express or implied, written or oral, between the parties.
K) COMPLIANCE WITH LAW. The parties shall comply with all applicable laws in performing this agreement. Whenever there is any conflict between any provision of this Agreement and any law, the law shall prevail.