Sandia Starforgers Terms of Service
Terms of Service
By clicking "Enroll," "Enroll Now," “Buy Now,” “Purchase,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Customer” or “You”) agree to be provided with instruction by Marie Parks (“Event Creator"), acting on behalf of North Star Messaging + Strategy (DBA Owl Eyes Creative LLC) (the “Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:
1. TERMS.
A) Upon execution of this Agreement, electronically, verbally, or otherwise, the Event Creator agrees to provide products, services, and experiences ("Events") in accordance with the Product you have selected.
B) The scope of the Event rendered by the Event Creator pursuant to this contract shall be solely limited to those contained therein and/or provided for on Event Creator's website at https://jessiandmarie.vipmembervault.com.
C) Customer is responsible for their own success and implementation of objectives met.
D) Customer agrees not to share login information, ticket, information received, recordings received, or attendance from the Event with other third-parties. If another person wishes to gain this information, they may enroll i separately in the Event.
E) The Event includes the inclusions offered on the Event Creator’s website at https://jessiandmarie.vipmembervault.com.
F) Event Creator reserves the right to substitute inclusions equal to or comparable to the Event description, if reasonably required by the prevailing circumstances.
2. PAYMENT AND REFUND POLICY.
A) Upon execution of this Agreement, Customer agrees to pay to the Event Creator the full purchase amount.
B) The refund policy is indicated on the Event Creator's website at https://jessiandmarie.vipmembervault.com.
C) After the no-refund period has passed, Customer will no longer be eligible for a refund.
D) If Customer would like to request a refund, contact the Company at marie@northstarmessaging.com.
E) If Customer requests a refund, and the request is received in writing at marie@northstarmessaging.com within the full or partial refund period, the full or partial refund will be issued, less a 3% processing fee.
G) If Customer selects a payment plan option, Customer agrees to pay the monthly price according to the payment schedule set forth on Event Creator's website, until the total fee is paid.
H) Each Party hereto acknowledges that Event Creator will charge the credit card chosen by the Customer.
3. DISCLAIMERS.
A) By participating in the Event, Customer acknowledges that the Event Coordinator and other Event staff and instructors are acting as educator s,and there are no guarantees as to the outcome of the Event. The information in this Event is not to be construed or substituted as professional advice. Any testimonials or examples shown through Event Creator’s website are real and true, but they are only examples of what may be possible for Customer.
B) There can be no assurance as to any particular outcome based on the use of information or experienced gained at the Event. Customer acknowledges that Event Creator has not and does not make any representations as to a future outcome of any kind that may be derived as a result of use of the Event Creator’s website, events, courses, products or services.
C) The Event Creator or other Event staff and instructors may provide the Customer with information relating to products that they believe might benefit the Customer, but such information is not to be taken as an endorsement or recommendation. The Event Creator is not responsible for any adverse affects or consequences that may result, either directly or indirectly, from any information provided. The Customer is responsible for using their own discretion.
D) The Event Creator or other Event staff and instructors may provide Customer with third-party recommendations. Customer agrees that these are only recommendations and the Event Creator, Company, Event staff, or Event instructor will not be held liable for the services provided by any third-party to the Customer. The Event Creator and their associates are not responsible for any adverse affects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party.
4. INTELLECTUAL PROPERTY RIGHTS.
A) In respect of the classes, critique sessions, pitch sessions, handouts, lessons, and other content created for the Customer as part of this Event, the Event Creator, Event staff, or Event instructor maintain all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Customer receives one ticket and license to information, handouts, lessons, or any video replays for personal use of the content provided through the Event. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property to the Customer, nor grant any right or license other than those stated in this Agreement. The Event Creator reserves the right to immediately remove Customer from the Event, prevent Customer from attending a future event, and/or pursue legal action if Customer is caught violating this intellectual property policy.
5. NON-DISPARAGEMENT.
The Parties agree and accept that the only venue for resolving a dispute shall be in the venue set forth herein below. Customer receives one ticket and access license for personal use of the Event and any related content provided by the Event Creator. The Event Creator will provide an opportunity for Customer to provide feedback at the conclusion of the Event, and asks the Customer to voice any complaints at the Event, directly to the Event Creator, or via the feedback form, rather than publicly disparaging the Event Creator, Event staff, Event instructors, or Company. Neither Customer nor any of Customer’s associates, employees, friends, family members, or affiliates 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 harassing or stalking remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise towards the Event Creator and their Company or associates, in accordance with the Event's anti-harassment policy.
6. GOOD FAITH.
Each Party represents and warrants to the other that such Party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
7. DISCLAIMER OF WARRANTIES.
The information and education provided to the Customer by the Event and participating individuals under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.
8. LIMITATION OF LIABILITY.
By using Company's services and purchasing a ticket to this Event, Customer accepts any and all risks, foreseeable or non-foreseeable, arising from such transaction. Customer agrees that Event Creator and 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 the Course. Customer agrees that use of this Course is at user’s own risk.
Customer agrees that under no circumstances shall the Event Creator, Event staff, Event instructors, or Company be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your attendance of the Event. Additionally, Company is not liable for damages in connection with (I) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (II) loss of revenue, anticipated profits, business, savings, goodwill or data; and (III) third party theft of, destruction of, unauthorized access to, alteration of, or use of Customer's information or property. In those areas that do not allow the exclusion or limitation of liability for the damages, Company's liability is limited to the fullest possible extent permitted by law. In no event shall Company or Event Creator's cumulative liability to Customer exceed $100 USD.
9. DISPUTE RESOLUTION.
If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Albuquerque, New Mexico or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) 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 decree in equity, as circumstances may indicate.
10. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of New Mexico regardless of the conflict of laws principles thereof. If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
11. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the Parties, whether written or oral.